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LETTERS AND MESSAGES

RUTHERFORD B. HAYES,

PRESIDENT OF THE UNITED STATES,

TOGETHER WITH

LETTER OF ACCEPTANCE

IIV^UOXJKAL ^r>r>R^ESS.

■^^\^^ntJ'67^''/K^I ili-d.ye%)

WASHINGTON
1881.

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/02>

LETTER OF ACCEPTANCE

REPUBLICAN NOMINATION FOR PRESIDENT OF
THE UNITED STATES.

JUJLY 8, 1876.

By transfer
lie Wiite House,

LETTER OF ACCEPTANCE.

Columbus, Ohio, July 8, 1876.

GENTLE3IEX : lu reply to your official communication of June 17, by
which I am informed of my nomination for the oflSce of President of
the United States by the Eepublican National Convention at Cincin-
nati, I accept the nomination with gratitude, hoping that, under Provi-
dence, I shall be able, if elected, to execute the duties of the high
office as a trust for the benefit of all the people. I do not deem it
necessary to enter upon any extended examination of the declaration
of principles made by the Convention. The resolutions are in accord
with my views, and I heartily concur in the principles they announce.
In several of the resolutions, however, questions are considered which
are of such iuii^ortance that I deem it proper to briefly express my con-
victions in regard to them. The fifth resolution adopted by the Con-
vention is of paramount interest. More than forty years ago a system
of making appointments to office grew up, based upon the maxim " to
the victors belong the spoils." The old rule, the true rule, that honesty,
capacity, and fidelity constitute the only real qualification for office,
and that there is no other claim, gave j)lace to the idea that party ser-
vices were to be chiefly considered. All parties in jjractice have adopted
this system. It has been essentially modified since its first introduc-
tion. It has not, however, been improved. At first the President,
either directly or through the heads of department, made all the ap-
pointments, but gradually the appointing power, in many cases, passed
into the control of members of Congress. The offices in these cases have
become not merely rewards for party services, but rewards for services to
party leaders. This system destroys the independence of the separate
departments of the Government. " It tends directly to extravagance and
official incapacity." It is a temptation to dishonesty; it hinders and im-
pairs that careful supervision and strict accountability by which alone
faithful and efficient public service can be secured; it obstructs the
prompt removal and sure punishment of the unworthy; in every way it
degrades the civil service and the character of the Government. It is
felt, I am confident, by a large majority of the members of Congress,
to be an intolerable burden and an unwarrantable hindrance to the
proper discharge of their legitimate duties. It ought to be abol-

6 LETTERS AND MESSAGES.

islied. Tbe reform should be tliorough, radical, and complete. We
should return to the priuciples and practice of the founders of the
Government — supplying by legislation, when needed, that which was
formerly the estaljlished custom. They neither expected nor desired
from the public oflflcers any partisan service. They meant that public
officers should give their whole service to the Government and to the
people. They meant that the officer should be secure in his tenure as
long as his personal character remained untarnished and the perform-
ance of his duties satisfactory. If elected, I shall conduct the admin-
istration of the Government upon these principles, and all constitu-
tional powers vested in the Executive will be employed to establish
this reform. The declaration of principles by the Cincinnati Conven-
tion makes no announcement in favor of a single Presidential term. I
do not assume to add to that declaration; but believing that the resto-
ration of the civil service to the system established by Washington
and followed by the early Presidents can be best accomplished by an
Executive who is under no temptation to use the patronage of his
office to promote his own re-election, I desire to perform what I regard
as a duty in now stating my inflexible purpose, if elected, not to be a
candidate for election to a second term.

On the currency question I have frequently expressed my views in
public, and I stand by my record on this subject. I regard all the laws
of the United States relating to the payment of the public indebtedness,
the legal-tender notes included, as constituting a pledge and moral
obligation of the Government, which must in good faith be kept. It
is my conviction that the feeling of uncertainty inseparable from an
irredeemable paper currency, with its tiuctuations of value, is one of
the great obstacles to a revival of confidence and business, and to a
return of prosperity. That uncertainty can be ended in but one way —
the resumption of specie payments. But the longer the instability of
our money system is permitted to continue, the greater will be the in-
jury inflicted upon our economical interests and all classes of society.
If elected, I shall approve every appropriate measure to accomplish
the desired end ; and shall oppose any step backward.

The resolution with respect to the public-school system is one which
should receive the hearty support of the American people. Agitation
upon this subject is to be apprehended, until, by constitutional amend-
ment, the schools are placed beyond all danger of sectarian control or
interference. The Eepublicau party is pledged to secure such an
amendment.

The resolution of the Convention on the subject of the permanent pa-

LETTERS AND MESSAGES. 7

cificationjof the country, and the complete protection of all its citizens
in the free enjoyment of all their constitutional rights, is timely and of
great importance. The condition of the Southern States attracts the
attention and commands the sympathy of the people of the whole
Union. In their progressive recovery from the effects of the war, their
first necessity is an intelligent and honest administration of govern-
ment which will protect all classes of citizens in their political and
private rights. What the South most needs is "peace," and peace de-
pends upon the supremacy of the law. There can be no enduring
peace if the constitutional rights of any portion of the people are
habitually disregarded. A division of political parties resting merely
upon sectional lines is always unfortunate and may be disastrous. The
welfare of the South, alike with that of every other part of this country,
depends upon the attractions it can ofl'er to labor and immigration, and
to capital. But laborers will not go, and cai^ital will not be ventured
where the Constitution and the laws are set at defiance, and distrac-
tion, apprehension, and alarm take the place of peace-loving and
law-abiding social life. All parts of the Constitution are sacred and
must be sacredly observed — the parts that are new no less than the
parts that are old. The moral and national prosperity of the Southern
States can be most effectually advanced by a hearty and generous re-
cognition of the rights of all, by all — a recognition without reserve or
exception. With such a recognition fully accorded it will be practica-
ble to promote, by the influence of all legitimate agencies of the Gen-
eral Government, the efl:brts of the people of those States to obtain for
themselves the blessings of honest and capable local government. If
elected, I shall consider it not only my duty, but it will be my ardent
desire to labor for the attainment of this end.

Let me assure my countrymen of the Southern States that if I shall be
charged with the duty of organizing an administration, it will be one
which will regard and cherish their truest interests — the interests of
the white and of the colored people both, and equally; and which will
put forth its best efforts in behalf of a civil policy which will wipe out
forever the distinction between North and South in our common country.
With a civil service organized upon a system Avhich will secure purity,
experience, efficiency, and economy, a strict regard for the public wel-
fare solely in appointments, and the speedy, thorough, and unsparing
prosecution and punishment of all public officers who betray official
trusts ; with a sound currency ; with education unsectariau and free to
all ; with simplicity and frugality in public and private affairs, and with
a fraternal spirit of harmony pervading tlie people of all sections and

a LETTERS AND MESSAGES.

classes, we may reasonably hope that the second century of our exist-
ence as a Xation will, by the blessing of God, be pre-eminent as an era
of good feeling and a period of progress, prosperity, and happiness.
Very respecfully, your fellow-citizen,

E. B. HAYES.

To theHons. Edwakd McPherson,Wm. A.Howard, Jos. H. Eainey,
AND OTHERS, Committee of the National Republican Convention.

INAUGURAL ADDRESS

PRESIDENT OF THE UNITED STATES.

MARCH 5, 1877.

INAUGURAL ADDRESS.

Fellow-Citizens: We have assembled to repeat the public cere-
mouial, begun by Wasliiugtou, observed by all my i^redecessors, and
now a time-honored custom, which marks the commencement of a new
term of the Presidential office. Called to the duties of this great trust,
I ijroceed, in compliance with usage, to announce some of the leading
principles on the subjects that now chiefly engage the public attention,
by which it is my desire to be guided in the discharge of those duties.
I shall not undertake to lay down irrevocably principles or measures of
administration, but rather to speak of the motives which should animate
us, and to suggest certain important ends to be attained in accordance
with our institutions and essential to the welfare of our country.

At the outset of the discussions which preceded the recent Presiden-
tial election, it seemed to me fitting that I should fully make kno"\vn
my sentiments in regard to several of the important questions which
then appeared to demand the consideration of the country. Following
the example, and in part adopting the language, of one of my pred-
ecessors, I wish now, when every motive for misrepresentation has
passed away, to repeat what was said before the election, trusting that
my countrymen will candidly weigh and understand it, and that they
will feel assured that the sentiments declared in accepting the nomina-
tion for the Presidency will be the standard of my conduct in the path
before me, charged, as I now aui, with the grave and difficult task of
carrying them out in the practical administration of the Government
so far as depends, under the Constitution and laws, on the Chief Ex-
ecutive of the Xation.

The permanent pacification of the country upon such principles and
by such measures as will secure the complete protection of all its cit-
izens in the free enjoyment of all their constitutional rights is now the
one subject, in our public affairs, which all thoughtful and patriotic
citizens regard as of supreme importance.

Manj^ of the calamitous effects of the tremendous revolution which
has passed over the Southern States still remain. The immeasurable
benefits wliich will surely follow, sooner or later, the hearty and gen-
erous acceptance of the legitimate results of that revolution, have not
vet been realized. Difficult and embarrassing questions meet us at the

12 LETTERS AND MESSAGES.

tbresliokl of this subject. The people of those States are still impov-
erished, and the inestimable blessing: of wise, honest, and i)eaceful self-
government is not fully enjoyed. Whatever difference of opinion may
exist as to the cause of this condition of things, the fact is clear, that,
in the progress of events, the time has come when such government is
the imperative necessity required by all the varied interests, i)ul)lic and
private, of those States. But it must not be forgotten that only a local
government which recognizes and maintains inviolate the rights of all
is a true self-government.

With respect to the two distinct races whose peculiar relations to
each other have brought upon us the deplorable complications and
peri^lexities which exist in those States, it must be a government which
guards the interests of both races carefully and equally. It must be a
government which submits loyally and heartily" to the Constitution and
the laws — the laws of the Nation and the laws of the States them-
selves — accepting and obeying faithfully the whole Constitution as it is.

Resting upon this sure and substantial foundation, the superstructure
of beneficent local governments can be built up, and not otherwise.
In furtherance of such obedience to the letter and the spirit of the Con-
stitution, and in behalf of all that its attainment implies, all so-called
party interests lose their apparent importance, and party lines may well
be permitted to fade into insignificance. The question we have to con-
sider for the immediate welfare of those States of the Union is the
question of government or no government, of social order and all the
peaceful industries and the happiness that belong to it, or a return to
barbarism. It is a question in which every citizen of the Nation is
deeply interested, and with respect to which we ought not to be, in a
partisan sense, either Republicans or Democrats, but fellow-citizens
and fellow-men, to whom the interests of a common country and a
common humanity are dear.

The sweeping revolution of the entire labor system of a large portion
of (mr country, and the advance of four millions of people from a con-
dition of servitude to that of citizenship, upon an equal footing with
their former masters, could not occur without presenting ])roblems of
the gravest moment, to be dealt with by the emancipated race, by their
former masters, and by the General Government, the author of the act
of emancipation. That it was a wise, just, and Providential act, fraught
with good for all concerned, is now generally conceded throughout the
country. That a moral obligation rests upon the National Government
to employ its constitutional power and influence to establish the rights
of the people it has emancipated, and to protect them in the enjoyment

LETTERS AND MESSAGES. 13

of those rights wheu they are infriuged or assailed, is also generally
admitted.

The evils which afflict the Southern States can only be removed or
remedied by the united and harmonious efforts of both races, actuated
by motives of mutual sympathy and regard. And while in duty bound
and fully determined to i^rotect the rights of all by every constitutional
means at the disposal of my administration, I am sincerely anxious to
use every legitimate influence in favor of honest and efficient local self-
government as the true resource of those States for the promotion of
the contentment and prosperity of their citizens. In the effort I shall
make to accomplish this purpose I ask the cordial co-operation of all
who cherish an interest in the welfare of the country, trusting that
party ties and the prejudice of race will be freelj^ surrendered in behalf
of the great purpose to be accomplished. In the important work of
restoring the South it is not the political situation alone that merits
attention. The material development of that section of the country"
has been arrested by the social and political revolution through which
it has passed, and now needs and deserves the considerate care of the
National Government, within the just limits prescribed by the Consti-
tution and wise public economy.

But, at the basis of all prosperity, for that as well as for every other
l)art of the country, lies the improvement of the intellectual and moral
condition of the people. Universal suffrage should rest upon universal
education. To this end, liberal and i^ermanent provision should be
made for the support of free schools by the State governments, and, if
need be, supplemented by legitimate aid from national authority.

Let me assure my countrymen of the Southern States that it is my
earnest desire to regard and j^romote their truest interests, the interests
of the white and of the colored people both, and equally, and to put
forth my best efforts in behalf of a civil policy which will forever wipe
out in our political affairs the color line, and the distinction between
North and South, to the end that we may have not merely a united
North or a united South, but a united country.

I ask the attention of the public to the paramount necessity of reform
in our civil service, a reform not merely as to certain abuses and i)rac-
tices of so-called official patronage, which have come to have the sanc-
tion of usage in the several departments of our Government, but a
change in the system of appointment itself, a reform that shall be
thorough, radical, and complete; a return to the principles and prac-
tices of the founders of the Government. They neither expected nor
desired from public officers any partisan service. They meant that

14 LETTERS AND MESSAGES.

public ofificers sliould owe their whole service to the Government aud
to the ])eople. They meant that the officer should be secure in his
tenure as long as his personal character remained untarnished, and the
performance of his duties satisfactory. They held that appointments
to office were not to be made nor expected merely as rewards for parti-
san services, nor merely on the nomination of members of Congress,
as being entitled in any respect to the control of such appointments.

The fact that both the great political parties of the country, in de-
claring their principles prior to the election, gave a prominent place to
the subject of reform of our civil service, recognizing and strongly
urging its necessity, in terms almost identical in their specific imi)ort
with those I have here employed, must be accepted aS a conclusive
argument in belialf of these measures. It must be regarded as the
expression of the united voice and will of the whole country upon this
subject, and both political parties are virtually pledged to give it their
unreserved support.

The President of the United States of necessity owes his election to
office to the suffrage and zealous labors of a political party, the mem-
bers of which cherish with ardor, and regard as of essential importance,
the principles of their party organization. But he should strive to be
always mindful of the fact that he serves his party best Avho serves his
country best.

In furtherance of the reform we seek, and in other important respects
a change of great importance, I recommend an amendment to the Con-
stitution prescribing a term of six years for the Presidential office, and
forbidding a re-election.

With respect to the financial condition of the country, I shall not
attempt an extended history of the embarrassment and prostration
which we have suffered during the past three years. The depression
in all our varied commercial and manufacturing interests throughout
the country, which began in September, 1873, still continues. It is
very gratifying, however, to be able to say that there are indications
all around us of a coming change to prosperous times.

Upon the currency question, intimately connected as it is with this
topic, I may be permitted to repeat here the statement made in my let-
ter of acceptance, that, in my judgment, the feeling of uncertainty
inseparable from an irredeemable paper currency, with its fluctuation
of values, is one of the greatest obstacles to a return to prosperous
times. The only safe paper currency is one which rests upon a coin
basis, and is at all times and promptly convertible into coiji.

I adhere to the ^lews heretofore expressed by me in favor of con-

LETTERS AND MESSAGES. 15

gressional legislation in behalf of an early resumption of specie pay-
ment, and I am satisfied not only tliat this is wise, but that the interests
as well as the public sentiment of the country imi)eratively demand it.

Passing- from these remarks upon the condition of our own country
to consider our relations with other lands, we are reminded by the in-
ternational comijlications abroad, threatening the peace of Europe, that
our traditional ride of non-interference in the affairs of foreign nations
has proved of great value in past times, and ought to be strictly
observed.

The policy inaugurated by my honored predecessor, President Grant,
of submitting to arbitration grave questions in dispute between our-
selves and foreign Powers, points to a new and incomparably the best
instrumentality for the preservation of peace, and will, as I believe,
become a beneficent example of the course to be pursued in similar
emergencies by other nations.

If, unhappily, questions of difference should at any time during the
period of my administration arise between the United States and any
foreign Government, it will certainly be my disposition and my hope
to aid in their settlement in the same peaceful and honorable way, thus
securing to our country the great blessings of peace and mutual good
offices with all the nations of the world.

Fellow-citizens, we have reached the close of a political contest
marked by the excitement which usually attends the contests between
great political parties, whose members espouse and advocate with
earnest faith their respective creeds. The circumstances were, perhaps,
in no respect extraordinary, save in the closeness and the consequent
uncertainty of the result.

For the first time in the history of the country, it has been deemed
best, in view of the peculiar circumstances of the case, that the objec-
tions and questions in dispute ^ith reference to the counting of the
electoral votes should be referred to the decision of a tribunal appointed
for this purpose.

That tribunal — established by law for this sole purpose; its members,
all of them, men of long-established reputation for integrity and intelli-
gence, and, with the exception of those who are also members of the
Supreme Judiciary, chosen equally from both political parties; its
deliberations— enlightened by the research and the arguments of able
counsel — was entitled to the fullest confidence of the American people.
Its decisions have been patiently waited for, and accepted as legally
conclusive by the general judgment of the public. For the present,
opinion will widely vary as to the wisdom of the several conclusions

16 LETTERS AND MESSAGES.

announced by that tribunal. This is to be anticipated in every instance
where matters of dispute are made the subject of arbitration under the
forms of law. Human judgment is never unerring, and is rarely re-
garded as otherwise than wrong by the unsuccessful party in the con-
test.

The fact that two great political parties have in this way settled a
dispute, in regard to which good raeu differ as to the facts and the law,
no less than as to the proper course to be pursued, in solving the ques-
tion in controversy, is an occasion for general rejoicing.

Upon one point there is entire unanimity in public sentiment, that
contlictiug claims to the Presidency unist be amicably and peaceably
adjusted, and that when so adjusted the general acquiescence of the
Nation ought surely to follow.

It has been reserved for a Government of the people, where the right
of suffrage is universal, to give to the world the first example in history
of a great Nation, in the midst of a struggle of opposing parties for
power, hushing its party tumults, to yield the issue of the contest to
adjustment according to the forms of law.

Looking for the guidance of that Divine Hand by which the destinies
of nations and individuals are shaped, I call upon you. Senators, Eep-
resentatives. Judges, fellow-citizens, here and everywhere, to unite with
me in an earnest effort to secure to our country the blessings, not only
of material i^rosperity, but of justice, peace, and union — a Union de-
pending not upon the constraint of force, but upon the lo^ ing devotion
of a free people; "and that all things may be so ordered and settled
upon the best and surest foundations, that peace and happiness, truth
and justice, religion and piety, may be established among us for all
generations."

LETTER OF INSTRUCTION

TO THE

LOUISIANA COMMISSION

APRIL 9, 1877.

LETTER OF INSTRUCTION.

Washington, April 2, 1877.

Gentlemen: I am iustructed by the President to lay before you
some observations upon the occasion and objects wliich have led him
to invite you, as members of the commission about to visit the State of
Louisiana, to undertake this public service.

Upon assuming his office the President finds the situation of affairs
in Louisiana such as to justly demand his prompt and solicitous atten-
tion ; for this situation presents as one of its features the apparent
intervention of the military j)ower of the United States in the domestic
controversies which, unhaijpily, divide the opinions and disturb the
harmony of the people of that State. This intervention, arising dur-
ing the term and by the authority of his predecessor, throws no present
dutj' upon the President, except to examine and determine the real
extent and form and effect to which such intervention actually exists,
and to decide as to the time, manner, and conditions which should be
observed in putting an end to it. It is in aid of his intelligent and
prompt discharge of this duty that the President has sought the service
of this commission to supply by means of its examination, conducted
in the State of Louisiana, some information that may be pertinent to
the circumspection and security of any measure he may resolve upon.

It will be readily understood that the service desired of and intrusted
to this commission does hot include any examination into or report upon
the facts of the recent State election, or of the canvass of the votes
cast at such election. So far as attention to these subjects may be
necessary the President cannot but feel that the reports of the com-
mittees of the two Houses of Congress, and other public information
at hand, will dispense with and should i^reclude any original explora-
tion by the commission of that field of inquiry.

But it is most pertinent and important, in coming to a decision upon
the precise question of executive duty before himj, that the President
should know what are the real impediments to regular, legal, and
peaceful procedures under the laws and constitution of the State of
Louisiana by which the anomalies in government there presented may
be put in course of settlement without involving the element of mill-

20 LETTERS AND MESSAGES.

tary power as either an ageut or a make-weiglit iu such solution. The
successful ascertaiumeut of these impediments, the President would
confidently expect, would indicate to the people of that State the wis-
dom and the mode of their removal. The unusual circumstances which
attended and followed the State election and canvass, from its relation
to the excited feelings and interests of the Presidential election, may
have retarded, within the State of Louisiana, the persuasive influences
by which the great social and material interests common to the whole
people of a State, and the pride of the American character as a law-
abiding nation, ameliorate the disappointments and dissolve the resent-
ments of close and zealous political contests. But the President both
hopes and believes that the great body of the people of Louisiana are
now prepared to treat the unsettled results of their State election with
a calm and conciliatory spirit. If it be too much to expect a complete
concurrence in a single government for that State, at least the Presi-
dent may anticipate a submission to the peaceful resources of the laws
and the constitution of the State of all their discussions, at once reliev-
ing themselves from the reproach, and their fellow-citizensof the United
States from the anxieties, which must ever attend a prolonged dispute
as to the title and the administration of the government of one of the
States of the Union.

The President, therefore, desires that you should devote your first
and principal attention to a removal of the obstacles to an acknowl-
edgment of one government for the purpose of an exercise of author-
ity within the State, and a representation of the State in its relations
to the General Government, under section four of article four of the
Constitution of the United States, leaving, if necessary, to judicial or
other constitutional arbitrament A^•ithin the State the question of ulti-
mate right. If these obstacles should prove insuperable from whatever
reason, and the hope of a single government in all its departments be
disappointed, it should be your next endeavor to accomplish the recog-
nition of a single Legislature as the depositary of the representative
will of the people of Louisiana. This great department of government
rescued from disi)ute, the rest of the problem could gradually be worked
out by the pre\'alent authority which the legislative power, w hen un-
disputed, is quite competent to exert in composing conflict in the co-
ordinate branches of the Government.

An attentive consideration of the conditions under which the Federal
Constitution and the acts of Congress provide or permit military inter-
vention by the President in protection of a State against domestic vio-
lence, has satisfied the President that the use of this authority in deter-

LETTERS AND MESSAGES. 21

mining or iuflnencing disputed elections in a State is most carefully to
be avoided. Undoubtedly, as was held by the Supreme Court in the
case of Luther vs. Borden, the appeal from a State may involve such
an inquiry as to the lawfulness of the authority which invokes the
interference of the President in supposed pursuance of the Constitu-
tion. But it is equally true that neither the constitutional provision
nor the acts of Congress were framed with any such design. Both
ob\aously treated the case of domestic violence within a State as of
outbreak against law and the authority of established government
which the State was unable to supiiress by its own streugth. A case
wherein every department of the State government has a disputed
representation, and the State, therefore, furnishes to the Federal Gov-
ernment no internal political recognition of authority upon which the
Federal Executive can rely, will present a case of so much difficulty
that it is of pressing importance to all interests in Louisiana that it
should be avoided. A single Legislature would greatly relieve this
difficulty, for that department of the State government is named by the
Constitution as the necessary applicant, when it can be convened, for
military intervention by the United States.

If, therefore, the disputing interests can concur in or be reduced to a
single Legislature for the State of Louisiana, it would be a great step in
composing this unhappy strife.

The President leaves entirely to the commission the conciliatory in-
fluences which, in their judgment formed on the spot, may seem to
conduce to the proposed end. His own determination that only public
considerations should insi)ire and attend this effort to give the ascen-
dency in Louisiana to the things that belong to peace, is evinced by
his selection of commissioners who offer to the country, in their own
character, every guarantee of the public motives and methods of the
transactions which they have undertaken. Your report of the result
of this endeavor will satisfy the President, he does not doubt, of the
wisdom of his selection of and of his plenary trust in the commission.

A second and less important subject of attention during your visit to
New Orleans will be the collection of accurate and trustworthy informa-
tion from the public officers and prominent citizens of all political connec-
tions as to the State of public feeling and opinion in the community at
large upon the general questions which affect the peaceful and safe exer-
cise, within the State of Louisiana, of all legal and i^olitical rights, and
the protection of all legal and political privileges conferred by the Con-
stitution of the United States upon all citizens. The maintenance and
protection of these rights and privileges, by all constitutional means,

22 LETTERS AND MESSAGES.

and by every just, moral, aud social influence, are the settled purpose
of the President in his adniinistratiou of the Government. He will
hope to learn from your investigations that this purpose will be aided
and not resisted by tlie substantial and effective public opinion of the
great body of the people of Louisiana.

The President does not wish to impose any limit upon your stay in
Louisiana that would tend to defeat the full objects of your \isit. He
is, however, extremely desirous to find it in his power, at the earliest
day compatible w ith a safe exercise of that authority, to put an end to
even the appearance of military intervention in the domestic affairs of
Louisiana, and he awaits your return with a confident hope that your
report will enable him promptly to execute a purpose he has so much at
heart.

The President desires me to add, that the publication of the results
of your visit he shall hope to make immediately after their communi-
cation to him.

I have the honor to be, with great respect, your obedient servant,

WM. M. EYARTS.

To the Honorables Charles B. Lawkence, Joseph R. Hawley,
John M. Haklan, John C. Brown, and Wayne MacYeagh, Com-
missioners.

EXECUTIVE ORDER

IN RELATION TO

MILITAEY INTEEYENTION OP THE GENEEAL GOVEENMENT IN THE
APFAIES OP THE STATE OP LOUISIANA.

APRIL 90, 1877.

EXECUTIVE ORDER.

Executive Mansion, Washington, Ajwil 20, 1877.

Sir : Prior to my entering upon the duties of the Presidency there
had been stationed by order of my predecessor in the immediate vicin-
ity of the buikling- used as a State-house iu jS'ew Orleans, La., and
known as Mechanics' Institute, a detachment of United States infantry.
Finding- them in that phice, I have thought proper to delay a decision
of the question of their removal until I could determine whether the
condition of affairs is now such as to either require or justify continued
military intervention of the National Government in the affairs of the
State.

In my opinion there does not now exist in Louisiana such domestic
violence as is contemplated by the Constitution as the ground upon
which the military power of the IS^ational Government may be invoked
for the defence of the State. The disputes which exist as to the right
of certain claimants to the chief executive office of that State are to
be settled and determined, not by the Executive of the United States,
but by such orderly and peaceable methods as may be provided by the
constitution and the laws of the State. Having the assurance that no
resort to violence is contemplated, but, on the contrary, the disputes
in question, are to be settled by peaceful methods, under and in ac-
cordance with law, I deem it proper to take action in accordance with
the principles announced when I entered upon the duties of the Presi-
dency.

You are therefore directed to see that the jjroper orders are issued
for the removal of said troops at an early date from their present posi-
tion to such regular barracks in the vicinity as may be selected for their
occupation.

E. B. HAYES.

To the Hon. Geo. W. McCrary,

Secretary of War.

R E ¥> O R T

LOUISIANA COMMISSION

APRIL 24., 1877.

REPORT OF THE LOUISIANA COMMISSION.

New Orleans, Ajyril 24, 1877.
To the President of the United States :

Sir : In accordance with your request the undersigned have visited
this city and i)assed the hist sixteen days in ascertaining the political
situation of Louisiana, arjd endeavoring to bring about a peaceful solu-
tion of its difficulties. In view of the declaration in the letter of the
Secretary of State, that we should direct our efforts to the end of
securing the recognition of a single Legislature as the depositary of
the representative vnll of the people of Louisiana, leaving, if necessary,
to the judicial or other constitutional arbitrament within the State the
question of the ultimate right, and in view of your determination to
withdraw the troops of the United States to their barracks as soon as
it could be done without endangering the peace, we addressed ourselves
to the task of securing a common Legislature and undisputed authority
competent to compose the existing political contentions and preserve
peace without any aid from the National Government. To this end we
endeavored to assuage the bitterness and animosity we found existing
on both sides, so as to secure public opinion less unfavorable to such
concessions as were indispensable to our success in obtaining such
Legislature, and such general acquiescence in its authority as would
insure social order. We have had full conferences with two gentlemen
who claim the gubernatorial office, and with many members of their
respective governments in their executive, judicial, and legislative
departments. We have also conversed very freely with large delega-
tions of men of business, with many of the district judges, and with
hundreds of prominent citizens of all parties and races, representing
not only this city but almost every i^arish in the State. We have also
received many printed and written statements of fact and legaf argu-
ment, and every person with whom we came in contact has shown an
earnest desire to give us all possible information bearing on the unfor-
tunate political divisions in the State.

The actual condition of affairs on our arrival in this city may be
briefly stated as follows : Governor Packard (we shall speak of both
gentlemen by the title they claim) was at the State-house with his

30 LETTERS AND MESSAGES.

Legislature and friends and armed police force. As there was no quo-
rum in tlie Senate, even upon his own theory of law, his Legislature
was necessarily inactive. The supreme court, which recognized his
authority, had not attempted to transact any business since it was dis-
possessed of its court-room and the custody of its records on the 9th
day of January, 1877. He had no organization of the militia, alleging
that his deficiency in that respect was owing to the obedience to the
orders of President Grant to take no steps to change the relative posi-
tion of himself and Governor Mcholls. His main chance was upon
the alleged legal title, claiming that it was the constitutional duty of
the President to recognize it, and to afford him such military assistance
as might be necessary to enable him to assert his authority as Governor.
Governor NichoUs was occupying Odd Fellows' Hall as a State-house.
His Legislature met there, and was actively engaged in business of
legislation. All the departments of the city government of New Orleans
recognized his authority. The supreme court, nominated by him, and
confirmed by the Senate, was holding daily sessions, and had heard
about two hundred cases. The time for the collection of taxes had not
arrived, but considerable sums of money, in the form of taxes, had
been voluntarily paid into his treasury, out of which he was defraying
the ordinary expenses of the State government. The Nicholls Legisla-
ture had a quorum in the Senate upon either the Nicholls or Packard
theory of law, and a quorum in the House on the Nicholls, but not on
the Packard theory. The Packard Legislature had a quorum in the
House on its own theory of law, but, as already stated, not in the Sen-
ate, and was thus disabled from any legislation that would be valid
even in the judgment of its own party. The commission found it to be
very difficult to ascertain the precise extent to which the respective
governments were acknowledged in the various parishes outside of
New Orleans ; but it is safe to say that the changes which had taken
place in parishes after the organization of the two governments, January
9, 1877, were in favor of the Nicholls government. The claim to the
legality of the supreme court, composed of Chief Justice Manning and
his associates, who were nominated by Governor Nicholls, and con-
firmed by his Senate, rests upon the same basis as the title of Governor
Nicholls and his Senate. The claim to tlie legality of the supreme
court, composed of Chief Justice Ludehng and his associates, rests
either upon their right to hold over in case the Nicholls court is illegal,
or upon the legality of the Kellogg-Packard Senate, which confirmed
the judges upon the nomination of Governor Kellogg, and while it had
a returning-board quorum. We have briefly sketched the actual posi-
tion as w^e found it.

LETTERS AND MESSAGES. 31

THE LEGAL STATUS.

We will now state the legal question ui)on which the right of these
respective governments dei)ends. The constitution of the State of Lou-
isiana requires that the " returns of all elections for members of the
General Assembly shall be made to the Secretary of State." It also
l^rovides that "qualified electors shall vote for Governor and Lieuten-
ant-Governor at the time and place of voting for Eepresentatives. The
returns of every election shall be sealed up and transmitted by the
proper returning officers to the Secretary of State, who shall deliver
them to the Speaker of the House of Eepresentatives on the second
day of the General Assembly then to be holden. Members of the Gen-
eral Assembly shall meet in the House of Representatives and examine
and count the votes." It will be observed that this i^rovision of the
Constitution requires the returns of votes for Governor and Lieuten-
ant-Governor to be sealed up and transmitted by the proper return-
ing officers to the Secretary of State, and the same provision is made,
in substance, as to members of the General Assembly; but, in 1870,
the Legislature passed an act, amended in 1872, which created a body
called the returning board, consisting of five members, to be appointed
by the Senate, and to be returning officers for all elections in the State.
The act provides that " the commissioners of election, at each poll or
voting-place, shall count the votes, making the list of names of all
persons voted for and the officers for which the votes were given, num-
ber of votes received by each, number of ballots contained in the box,
and the number rejected, and reasons therefor, and to make dnplicates
of such lists, and send one to the supervisor of registration of the par-
ish of Orleans and one to the Secretary of State." The law further
requires the supervisors of registration to consolidate the returns re-
ceived from the different polling-places and forward them, with the
originals, to the returning board. The act further provides "that if
there shall be any riot, tumult, acts of violence, intimidation, and dis-
turbance, bribery or corrupt influences at any places within said parish,
at or ]iear any poll or voting-i)lace, or places of registration or revision
of registration, which riot, tumult, acts of violence, intimidation, and
disturbance, bribery or corrupt influences, shall i^revent or tend to pre-
vent a fair, free, peaceable, and full vote of all qualified electors, it shall
be the dutj^ of the commissioners to make a statement of such facts
and forward the same to the supervisor of registration with his returns
of election, and the supervisors of registration shall forward the same
to the returning board." The returning board is required to investi-
gate statements of intimidation, and to exclude from the returns, which

32 LETTERS AND MESSAGES.

it makes to the Secretary of State, the returns received by it from
those polls or votiug-places where a fair election has been prevented
by the causes above named. The same law further declares —

" It shall be the duty of the Secretary of State to transmit to the
clerk of the House of Eepresentatives, and to the secretary of the Sen-
ate of the last General Assembly, a list of tlie names of such persons
as, according to the returns, shall have been elected to either branch
of the General Assembly; and it shall be the duty of the clerk and
secretary to place the names of Eepresentatives and Senators elect
upon the roll of the House and Senate respectively, and those Rep-
resentatives and Senators whose names are so placed by the clerk
and secretary respectively, in accordance with the foregoing provisions,
and none other, shall be competent to organize the House of Repre-
sentatives or Senate."

It is claimed by the counsel for the Nicholls government that this
act, so far as it interposes the returning board exercising those powers
of exclusion between the parish supervisor of registration, with his
consolidated report, and the Secretary of State, is, when applied to the
election of members of the General Assembly, of Governor, and Lieu-
tenant-Governor, a plain violation of those provisions of the constitu-
tion of Louisiana which say the returns of all elections for members of
the General Assembly shall be made to the Secretary of State; and,
in reference to Governor and Lieutenant-Governor, the returns of every
election " shall be sealed up and transmitted by the proper returning
officers to the Secretary of State," who shall deliver them to the Speaker
of the House of Representatives. On the other hand, it is insisted by
the counsel for the Packard government that the Legislature has power
to create this returning board and give it the authority with which the
act clothes it. It is also claimed by them that the constitutionality of
the act has been settled by tbe supreme court of the State, but the
Nicbolls party denied that the question was decided by the supreme
court in a manner that could be considered authoritative. It should be
further stated that it was not claimed by the counsel for Governor
Kicholls tliat the Legislature could not create a returning board and
clothe it with these powers in regard to the appointment of the Presi-
dential electors, since the provisions of the State constitution on which
they rely relate only to the election of members of the Legislature, of
Governor, and Lieutenant-Governor. We quote the following sentence
from one of their printed arguments:

"Indeed, as to Presidential electors, the mode of their appointment
is, by the Constitution of the United States, left to the discretion of the
Legislature of the State, therefore the General Assembly of Louisiana
might create any tribunal whatever and confide the appointment of
electors for President and Vice-President to it; consequently it may

LETTERS AND MESSAGES. , 33

properly authorize such a tribunal in the case of the election of Presi-
dential electors by the peoj^le to count the votes and decide and declare
who were entitled to seats in the electoral college."

As matters stood on our arrival here the legal title of the respective
claimants to the office of Governor depended upon the question we have
stated. There was no judicial tribunal acknowledged to be authori-
tative by both parties by which it could be solved for reasons already
given. The only hope of a practical solution was by the union of so
many members of the rival Legislatures as would make a Legislature
with a constitutional quorum, in both Senate and House, of members
whose title to seats is valid under either view of the law. With a
Legislature of undisputed authority the settlement of other questions
could, as stated in the letter of instruction to our commission from tlie
Secretary of State, be gradually worked out by the prevalent authority
which legislative power, when undisputed, is quite competent to exert
in composing conflicts in co-ordinate branches of the Government.
Within the last three days this first great step in restoring peace to the
State has been accomi)lished. In consequence of a withdrawal of mem-
bers from the Packard to the Nicholls Legislature the latter body has
noAV eighty-seven returning-board members in the House and thirty-
two in the Senate. Sixty-one members constitute a constitutional
quorum in the House and nineteen in the Senate.

CONCLUSIONS OF THE COMMISSION.

It is proper that we should say in conclusion, that it was in view of
the foregoing facts, especially the consolidation of the Legislatures and
our knowledge of the condition of Louisiana, derived from personal
contact with the people, that we were induced to suggest, in our tel-
egram of tho 20th instant, that the inmiediate announcement of the
time when the troops would be withdrawn to their barracks would be
better for the x>eace of Louisiana than to postpone such announcement
to some distant day. The commissioners, holding various shades of
political belief, caunot well concur in any sketch of the past or probable
future of Louisiana. We have foreborne in this report to express any
opinion on the legal questions arising upon the foregoing statement of
facts, because our letter of instructions seemed to call for a statement
of facts rather than an expression of opinion by the commissioners.
We all, however, indulge in confident hopes of better days for all races
in Louisiana. Among the reasons for these hopes are the resolutions
of the Nicholls Legislature and the letter of Governor Xicholls, here-
with submitted, and which has already been given to the public.
3

34 LETTERS AND MESSAGES.

With an earnest hope that the adjustment which has been made of
the political controversies of Louisiana will be of lasting benefit to that
State, and be approved by the patriotic people of all sections, we have
the honor to be, your obedient servants,

CHARLES B. LAWRENCE.

JOSEPH R. HAWLEY.

JOHN M. HARLAN.

JOHN C. BROWN.

WAYNE MacVEAGH.

PROCLAMATION

CONVENING

THE TWO HOUSES OF CONGRESS.

MAY 5, 1877.

PROCLAMATION.

BY THE PEESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

Whereas the final adjournment of the Forty- fourth Congress without
making the usual appropriations for the support of the Army for the
fiscal year ending June 30, 1878, presents an extraordinary occasion
requiring the President to exercise the power vested in him by the
Constitution to convene the Houses of Congress in anticipation of the
day fixed hj law for their next meeting:

ISTow, therefore, I, Rutherford B. Hayes, President of the United
States, do, by virtue of the power to this end in me vested by the Con-
stitution, convene both Houses of Congress to assemble at their re-
spective chambers at 12 o'clock noon on Monday, the fifteenth day of
October next, then and there to consider and determine such measures
as, in their wisdom, their duty and the welfare of the people may seem
to demand.

In witness whereof I have hereunto set my hand, and caused the

seal of the United States to be afiixed.

Done at the city of Washington this fifth day of May, in the year of

our Lord one thousand eight hundred and seventy-seven, and

[seal.] of the Independence of the United States of America the one

hundred and first.

R. B. HAYES.
By the President :

Wm. M. Evaets,

Secretary of State.

LETTEH

THE CONDUCT TO BE OBSEEVED BY OPFIOERS OP THE GENERAL
GOVERNMENT IN RELATION TO ELECTIONS.

MAY 26, 1877.

LETTER.

Executive Mansion,

Washington, May 26, 1877.

My dear SIR: I have read the partial report of the Commission
appointed to examine the New Yorli custom-house. I concur with the
Commission in their recommendations. It is my wish that the collec-
•tion of the revenues should be free from partisan control, and organized
on a strictly business basis, with the same guarantees for efficiency and
fidelity in the selection of the chief and subordinate officers that would
be required by a prudent merchant. Party leaders should have no
more influence in appointments than other equally respectable citizens.
No assessment for political purposes, on officers or subordinates, should
be allowed. No useless officer or employe should be retained. No
officer should be required or permitted to take part in the manage-
ment of political organizations, caucuses, conventions, or election cam-
paigns. Their right to vote, and to express their views on public
questions, either orally or through the press, is not denied, provided it
does not interfere with the discharge of their official duties.

Eespectfully,

R. B. HAYES.

Hon. John Sherman, &c.

EXECUTIVE ORDER,

No. 1.

JUNE 22, 1877.

EXECUTIVE ORDER,

ExECUTiATE Mansion,

Washington, June 22, 1877.

Sir: I desire to call your attention to the following paragraph in a
letter addressed by me to the Secretary of the Treasury, on the conduct
to be observed by officers of the General G-overniuent in relation to the
elections :

" iSTo officer should be required or permitted to take part in the man-
agement of political organizations, caucuses, conventions, or election
campaigns. Their right to vote and to express their views on public
(juestious, either orally or through the press, is not denied, provided it
does not interfere with the discharge of their official duties. No assess-
ment for political purposes, on officers or subordinates, should be
allowed."

This rule is applicable to every department of tbe civil service. It
should be understood by every officer of the General Government that
he is expected to conform his conduct to its requirements.

Very respectfully,

R. B. HAYES.
To the .

PROCLAMATION.
RAILROAD RIOT IN WEST VIRGINIA.

JULY 18, 1877.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

Whereas it is provided in the Constitutiou of the United States that
the United States shall protect every State in this Union, on application
of the Legislature, or of the Executive, (when the Legislature cannot be
convened,) against domestic violence ;

And whereas the Governor of the State of West Virginia has repre-
sented that domestic violence exists in said State, at Martinshurg, and
at various other ])oints along the line of the Baltimore and Ohio Rail-
road, in said State, which the authorities of said State are unable to
suppress ;

And whereas the laws of the United States require that in all cases
of insurrection in any State or of obstruction to the laws thereof, when-
ever it may be necessary, in the judgment of the President, he shall
forthwith, by proclamation, command such insurgents to disperse and
retire peaceably to their respective abodes within a limited time:

Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States, and
all persons within the territory and jurisdiction of the United States,
against aiding, countenancing, abetting, or taking part in such unlawful
proceedings ; and I do hereby warn all persons engaged in or connected
with said domestic violence and obstruction of the laws to disperse and
retire peaceably to their respective abodes on or before twelve o'clock
noon of the 19th day of July instant.

In testimony whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.

Done at the city of Washington this eighteenth day of July, in the

year of our Lord one thousand eight hundred and seventy-

[SEAL.] seven, and of the Independence of the United States of

America the one hundred and second.

R. B. HAYES.

By the President :

F. W. Seward,

Actimi Secretory of State.

PROCLAMATION.
RAILROAD RIOT IN MARYLAND.

JULY ^1, 1877.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

Wliereas it is provided in the Constitution of the United States that
the United States shall protect every State in this Union, on application
of the Legislature, or of the Executive, (when the Legislature cannot be
convened,) against domestic violence ;

And whereas the Governor of the State of Maryland has represented
that domestic violence exists in said State, at Cumberland, and along
the Hue of the Baltimore and Ohio Railroad, in said State, which the
authorities of said State are unable to suppress;

And whereas the laws of the United States require that in all cases
of insurrection in any State or of obstruction to the laws thereof, when-
ever in the judgment of the President it becomes necessary to use the
military forces to suppress such insurrection or obstruction to the laws,
he shall forthwith, by proclamation, command such insurgents to dis-
perse and retire peaceably to their respective abodes within a limited
time :

Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States, and
all persons within the territory and jurisdiction of the United States,
against aiding, countenancing, abetting, or taking part in such unlawful
proceedings; and I do hereby warn all persons engaged in or connected
with said domestic violence and obstruction of the laws to disperse and
retire peaceably to their respective abodes on or before noon of the
twenty-second day of July instant.

In testimony whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.

Done at the city of Washington this twenty-first day of July, in the

year of our Lord one thousand eight hundred and seventy-

fsEAL.] seven, and of the Independence of the United States of

America the one hundred and second.

R. B. HAYES.
By the President:

Wm. M. Evarts,

Secretary of State.

PROCLAMATION.

RAILROAD RIOT IN PENNSYLVANIA.

JULY 23, 1877.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PEOCLAMATIOK

Whereas it is provided iu the Constitution of the United States that
the United States shall protect everj^ State in this Union, on application
of the Legislature, or of the Executive, (when the Legislature cannot be
convened,) against domestic violence;

And whereas the Governor of the State of Pennsylvania has repre-
sented that domestic violence exists in said State which the authorities
of said State are unable to suppress;

Anil whereas the laws of the United States require that in all cases
of insurrection in any State or of obstruction to the laws thereof, when-
ever in the judgment of the President it becomes necessary to use the
military forces to suppress such insurrection or obstruction to the laws,
he shall forthwith, by proclamation, command such insurgents to dis-
perse and retire peaceably to their respective abodes within a limited
time:

Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States, and
all persons within the territory and jurisdiction of the United States,
against aiding, countenancing, abetting, or taking part in such unlawful
proceedings ; and I do hereby warn all persons engaged in or connected
with said domestic ^dolence and obstruction of the laws to disperse
and retire peaceably to their respective abodes on or before twelve
o'clock noon of the 24th day of July instant.

In testimony whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.

Done at the city of Washington this twenty-third day of July, in the
year of our Lord one thousand eight hundred and seventy-
[SEAL.] seven, and of the Independence of the United States of
America the one hundred and second.

R. B. HAYES.

By the President :
Wm. M. Evarts,

Secretary of State.

IMESS^GE

TWO HOUSES OF OONGKESS AT THE COMMENCEMENT OF THE FIKST
SESSION OF THE FORTY-FIFTH CONGRESS.

OCTOBER 1,5, 1877.

MESSAGE

Fellow-Citizens of the Senate

AND House of Eepresentatives :

The adjournment of the last Congress, without making appropria-
tions for the support of the Armj' for the present fiscal year, has ren-
dered necessary a suspension of payments to the officers and men of
the sums due them for services rendered after the 30th day of June
last. The Army exists by virtue of statutes which prescribe its num-
bers, regulate its organization and employment, and which fix the pay
of its ofiBcers and men, and declare thek riglit to receive the same at
stated periods. These statutes, however, do not authorize the payment
of the troops in the absence of specific appropriations therefor. The
Constitution has wisely provided that "no money shall be drawn from
the Treasury but in consequence of appropriations made by law;" and
it has also been declared by statute that "no department of the Gov-
ernment shall expend in any one fiscal year any sum in excess of appro-
- priations made by Congress for that fiscal year." We have, therefore,
an Army in service, authorized by law and entitled to be paid, but no
funds available for that purpose. It may also be said, as an additional
incentive to prompt action by Congress, that, since the commencement
of the fiscal year, the Army, though without pay, lias been constantly
and actively employed in arduous and dangerous service, in the per-
formance of which both officers and men have discharged their duty
with fidelity and courage, and without complaint. These circum-
stances, in my judgment, constitute an extraordinary occasion, re-
quiring that Congress be convened in advance of the time prescribed
by law for your meeting in regular session. The importance of speedy
action upon this subject on the part of Congress, is so manifest, that I
venture to suggest the propriety of making the necessary appropria-
tions for the support of the Army for the current year, at its present
maximum numerical strength of twenty-five thousand men; leaving for
future consideration all questions relating to an increase or decrease
of the number of enlisted men. In the event of the reduction of the
Army by subsequent legislation during the fiscal year, the excess of the
appropriation could not be expended ; and in the event of its enlarge-
ment, the additional sum required for the payment of the extra force

62 LETTEES AND MESSAGES.

coiild be provided in due time. It would be unjust to the troops now
in service, and whose pay is already largely in arrears, if payment to
them should be further postponed until after Congress shall have con-
sidered all the questions likely to arise in the eifort to fix the proper
limit to the strength of the Army.

Estimates of appropriations for the support of the military establish-
ment for the fiscal year ending June 30, 1878, were transmitted to Con-
gress by the fornier Secretary of the Treasury at the opening of its
session in December last. These estimates, modified by the present
Secretary so as to conform to present requirements, are noAv renewed —
amounting to $32,436,704.98 — and, having been transmitted to both
Houses of Congress, are submitted for your consideration.

There is also required by the Xavy Department 82,003,801.27. This
sum is made up of $1,446,688.10 due to officers and enlisted men for
the last quarter of the last fiscal year ; $311,953.50 due for advances
made by the fiscal agent of the Government in London for the support
of the foreign service ; $50,000 due to the Naval-Hospital fund ; $150,000
due for arrearages of pay to officers; and $45,219.58 for the support
of the Marine Corps.

There will also be needed an appropriation of $262,535.22 to defray
the unsettled expenses of the United States courts for the fiscal year
ending June 30, last, now .due to attorneys, clerks, commissioners, and
marshals, and for rent of court-rooms, the support of prisoners, and
other deficiencies.

A part of the building of the Interior Department was destroyed by
fire on the 24th of last month. Some immediate repairs and temporary
structures have in consequence become necessary, estimates for which
will be transmitted to Congress immediately, and an appropriation of
the requisite funds is respectfully recommended.

The Secretary of the Treasury will communicate to Congress, in con-
nection with the estimates for the appropriations for the support of the
Army for the current fiscal year, estimates for such other deficiencies
in the different branches of the public service as require immediate
action, and cannot, without inconvenience, be postponed until the regu-
lar session.

I take this opportunity, also, to invite your attention to the propriety
of adopting at your present session the necessary legislation to enable
the people of the United States to participate in the advantages of the
International Exhibition of Agriculture, Industry, and the Fine Arts,
which is to be held at Paris in 1878, and in which this Government has
been invited by the Government of France to take part.

LETTERS AND MESSAGES. 63

This invitation was communicated to this Government in May, 1876,.
by the Minister of France at this Capital, and a copy thereof was sub-
mitted to the proper committees of Congress at its last session, but no
action was taken upon the subject.

The Department of State has received many letters from various
parts of the country expressing a desire to participate in the Exhibi-
tion, and numerous applications of a similar nature have also been
made at the United States Legation at Paris.

The Department of State has also received official advice of the strong
desire on the part of the French. Government that the United States
should participate in this enterprise, and space has hitherto been, and
still is, reserved in the Exhibition buildings for the use of exhibitors
from the United States, to the exclusion of other parties who have been
applicants therefor.

In order that our industries may be properly represented at the Exhi-
bition, an apju-opriation will be needed for the payment of salaries and
expenses of commissioners for the transportation of goods, and for other
l)urposes in connection with the object in view, and as May next is the
time fixed for the opening of the Exhibition, if our citizens are to share
the advantages of this international competition for the trade of other
nations, the necessity of immediate action is apparent.

To enable the United States to co-operate in the International Exhi-
bition which was held at Vienna in 1873, Congress then passed a joint
resolution making an api^ropriation of two hundred thousand dollars,,
and authorizing the President to appoint a certain number of practical
artisans and scientific men who should attend the Exhibition and report
their proceedings and observations to him. Provision was also made
for the appointment of a number of honorary commissioners.

I have felt that prompt action by Congress in accepting the invita-
tion of the Government of France is of so much interest to the people
of this country, and so suitable to the cordial relations between the
Governments of the two countries, that the subject might properly be
presented for attention at your present session.

The Government of Sweden and Xorway has addressed an official in-
vitation to this Government to take part in the International Prison
Congress, to be held at Stockholm next year. The problem which the
congress proposes to study — how to diminish crime — is one in which
all civilized nations have an interest in common ; and the congress of
Stockholm seems likely to prove the most important convention ever
held for the study of this grave question. Under authority of a joint
resolution of Congress, approved February 16, 1875, a commissioner

64 LETTERS AXD MESSAGES.

was appointed by my predecessor to represent the United States npou
that occasion, and the prison congress having been, at the earnest de-
sire of the Swedisli Government, i^ostponed to 1878, his commission was
renewed by me. An appropriation of eight thousand dollars was made
in the sundry civil-service act of 1875 to meet the expenses of the com-
missioner. I recommend the reapproi^riation of that sum for the same
purpose, the former appropriation having been covered into theTreasury,
and being no longer available for the purpose without further action by
Congress. The subject is brought to your attention at this time in view
of cii'cumstances which render it highly desirable that the commissioner
should proceed to the discharge of his important duties immediately.

As the several acts of Congress providing for detailed reports from
the different departments of the Government, require their submission
at the beginning of the regular annual session, I defer until that time
any further reference to subjects of public interest.

E. B. HAYES.

Washington, October 15, 1877.

THANKSGIVING PROCLAMATION.

0(rroBKR 49, 1877

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A proclamations".

The completed circle of summer and winter, seed-time and harvest,
has brought us to the accustomed season at which a religious people
celebrates with praise and thanksgiving the enduring mercy of Almightj'
God. This devout and public confession of the constant dependence of
man upon the Divine favor for all the good gifts of life and health, and
peace and happiness, so early in our history made the habit of our
people, finds in the sm^vey of the past year new grounds for its joyful
and grateful manifestation.

In all the blessings which depend upon benignant seasons this has
indeed been a memorable year. Over the wide territory of our country,
with all its diversity of soil and climate and products, the earth has
yielded a bountiful return to the labor of the husl tandman. The health
of the people has l>een blighted by no prevalent or wide-spread diseases,
No great disasters of shipwreck upon our coasts, or to our commerce
on the seas, have brought loss and hardship to merchants or mariners,
and clouded the happiness of the community with sympathetic sorrow.

In all that concerns our strength and peace and greatness as a Nation ;
in all that touches the permanence and security of our Government, and
the beneficent institutions on which it rests ; in all that aftects the
character and dispositions of our people, and tests our capacity to enjoy
and uphold the equal and free condition of society, now permanent and
universal throughout the land, the experience of the last year is con-
spicuously marked by the protecting providence of God, and is fuU of
promise and hope for the coming generations.

Under a sense of these infinite obligations to the great Ruler of times
and seasons and events, let us humbly ascribe it to our own faults and
frailties if, in any degree, that perfect concord and happiness, peace and
justice, which such great mercies should diffuse through the hearts and
lives of our people, do not altogether and always and everywhere pre-
vail. Let us with one spirit and with one voice lift up praise and
thanksgiving to God for his manifold goodness to our land, his manifest
care for our Nation.

68 LETTERS AXD MESSAGES.

Now, therefore, I, Rutherford B. Hayes, President of the United
States, do appoint Thursday, the twenty-ninth day of November next,
as a Day of National Thanksgiving and Prayer ; and I earnestly recom-
mend that, withdrawing themselves from secular cares and labors, the
people of the United States do meet together on that day in their re-
spective places of worship, there to give thanks and praise to Almighty
God for his mercies, and to devoutly beseech their continuance.

In witness whereof I have hereunto set my hand, and caused the seal
of the United States to be affixed.

Done at the city of Washington this twent3'-uinth day of October, in
the year of our Lord one thousand eight hundred and seventy-
TsEAL.] seven, and of the Independence of the United States the one
hundred and second.

R. B. HAYES.
By the President :

Wm. M. Evarts,

Secretary of State.

EXECUTIVE ORDER.

DEATH OF SENATOR OLIVER R MORTON,

NOVEMBKR 2, 1877.

EXECUTIVE ORDER.

Executive Mansion,
Washington, D. C, November 2, 1877.

I lament the sad occasion which makes it my duty to testify the public
respect for the eminent citizen and distinguished statesman whose death
yesterday, at his home in Indianapolis, has been made known to the
people by telegraphic announcement.

The services ot Oliver P. Morton to the Xation in the difficult and
responsible administration of the affairs of the State of Indiana, as its
Governor, at a critical juncture of the civil war, can never be over-
valued by his countrymen. His long service in the Senate has shown
his great powers as a legislator, and as a leader and chief counsellor of
the political party charged with the conduct of the Government during
that period.

In all things and at all times lie has been able, strenuous, and faithful
in the public service, and his fame with his countrymen rests upon secure
foundations.

The several Executive Departments will be closed on the day of his
funeral, and appropriate honors should be paid to the memory of the
deceased statesman by the whole Nation.

R. B. HAYES.

IVTESS^OE

TWO HOUSES or OONGEESS AT THE COMMENCEMENT OF THE SECOND
SESSION OF THE FORTY-FIFTH CONGEESS.

DECEMBER 3, 1877-

MESSAGE.

lELLOW-ClTlZENS OF THE SENATE

AND House of Eepresentatiyes :

With devout gratitude to the bountiful Giver of all good, I congratu-
late you that, at the beginning of your first regular session, you find
our country blessed with health and peace and abundant harvests, and
with encouraging prospects of an early return of general prosperity.

To complete and make permanent the pacification of the country
continues to be, and, until it is fully accomplished, must renuiin, the
most important of all our national interests. The earnest purpose of
good citizens generally, to unite their elforts in this endeavor, is evident.
It found decided expression in the resolutions announced in 1876 by
the national conventions of the leading political parties of the country.
There was a wide-spread apprehension that the momentous results in
our progress as a :N'atiou, marked by the recent amendments to the Con-
stitution, were in imminent jeopardy; that the good understanding
which prompted their adoption, in the interest of a loyal devotion to
the general welfare, might prove a barren truce, and that the two sections
of the country, once engaged in ci^dl strife, might be again almost as
widely severed and disunited as they were when arrayed in arms against
each other.

The course to be pursued which in my judgment seemed wisest, in the
presence of this emergency, was plainly indicated in my inaugural
address. It pointed to the time which all our people desire to see, when
a genuine love of our whole country, and of all that concerns its true
welfare, shall supplant the destructive forces of the mutual animosity
of races and of sectional hostility. Opinions have differed widely as
to the measures best calculated to secure this great end. This was to
be expected. The measures adopted by the Administration have been
subjected to severe and varied criticism. Any course whatever which
might have been entered upon would certainly have encountered distrust
and opposition. These measures were, in my judgment, such as were
most in harmony with the Constitution and with the genius of our peo-
ple, and best adapted, under all the circumstances, to attain the end
in view. Beneficent results, already apparent, prove that these endeavors

7G LETTERS AND MESSAGES.

are not to be regarded as a mere experiment, and sliould sustain and
encourage us in our eftbrts. Already, in the brief i)eriod wliich has
elapsed, the immediate effectiveness, no less than the justice of the
course i)ursued, is demonstrated, and I have an abiding faith that time
will furnish its ample vindication in the minds of the great majority of
my fellow-citizens. The discontinuance of the use of the Army for the
purpose of upholding local governments in two States of the Union
was no less a constitutional duty and requirement, under the circum-
stances existing- at the time, than it was a much-needed measure for the
restoration of local self-government and the promotion of national har-
mony. The withdrawal of the troops from such employment was
effected deliberately, and with solicitous care for the peace ano. good
order of society, and the protection of the property and persons and
every right of all classes of citizens.

The results that have followed are indeed signiflcant and encourag-
ing. All apprehension of danger from remitting those States to local
self-government is dispelled, and a most salutary change in the minds
of the people has begun and is in progress in every part of that section
of the country" once the theatre of unhapi)y civil strife, substituting for
suspicion, distrust, and aversion, concord, friendship, and i)atriotic
attachment to the Union, iso unprejudiced mind Avill deny that the
terrible and often fatal collisions which for several years have been of
frequent occurrence, and have agitated and alarmed the public mind,
have almost entirely ceased, and that a spirit of mutual forbearance
and hearty national interest has succeeded. There has been a general
re-establishment of order, and of the orderly administration of justice;
instances of remaining lawlessness have become of rare occurrence;
political turmoil and turbulence have disappeared; useful industries
have been resumed ; public credit in the Southern States has been greatly
strengthened; and the encouraging benefits of a revival of commerce
between the sections of the country lately embroiled in civil war are
fully enjoyed. Such are some of the results already attained, upon
which the country is to be congratulated. They are of such importance,
that we may with confidence patiently await the desired consummation
that will surely come with the natural progress of events.

It may not be improper here to say that it should be our fixed and
unalterable determination to protect, by all available and proper means,
under the Constitution and the laws, the lately-enuincipated race in the
enjoyment of their rights and privileges; and I urge upon those to
whom heretofore the colored people have sustained the relation of bond-
men, the wisdom and justice of humane and liberal local legislation

LETTERS AND MESSAGES. 77

with resi)e('t to their education and general welfare. A firm adherence
to the laws, both National and State, as to the civil and political rights
of the colored people, now advanced to full and equal citizenship; the
immediate repression and sure punishment by the National and local
authorities, within their respective jurisdictious, of every instance of
lawlessn^iss and violence toward them, is required for the security alike
of both races, and is justly demanded by the public opinion of the
country and the age. In this way the restoration of harmony and good
Avill, aud the complete protection of every citizen in the full enjoyment
of every .constitutional right, will surely be attained. Whatever
authority rests with me to this end, I shall not hesitate to put forth.
Whatever belongs to the power of Congress and the jurisdiction of the
courts of the Union, they may confidently be relied upon to provide
and perform. And to the legislatures, the courts, and the executive
authorities of the several States, I earnestly appeal to secure, by ade-
quate, api)ropriate, and seasonable means, withiu their borders, these
common and uniform rights of a united people which loves liberty,,
abhors oppression, and reveres justice. These objects are very dear to
my heart. I sliall continue most earnestly to strive for their attainments
The cordial co-operation of all classes— of all sections of the country
and of both races— is required for this purpose; and with these bless-
ings assured, and not otherwise, we may safely hope to hand down our
free institutions of government unimpaired to the generations that will
succeed us.

Among the other snlyects of great and general importance to the
people of this country I cannot be mistaken, I think, in regarding as
pre-eminent the policy and measures which are designed to secure the
restoration of the currency to that normal aud healthful condition in
which, by the resumption of specie payments, our internal trade and
foreign commerce may be brought into harmony Avith the system of
exchanges which is based upon the precious metals as the intrinsic
money of the world. In the public judgment that this end should be
sought and compassed as speedily and securely as the resources of the
people and the wisdom of their Government can accomplish, there is a
much greater degree of unanimity than is found to concur in the specific
measures which will bring the country to this desired end, or the rapidity
of the steps by which it can be safely reached.

Upon a most anxious and deliberate examination which I have felt
it my duty to give to the subject, I am but the more confirmed in the
opinion which I expressed in accepting the nomination for the Presi-
dency and again upon my inauguration, that the policy of resumption

78 LETTERS AND MESSAGES.

slioulcl he pursued by every suitable means, and that no legislation
would be wise that should disparage the importance or retard the attain-
ment of that result. I have no dis])osition, and certainly no right, to
question the sincerity or the intelligence of opposing opinions, and
would neither conceal nor undervalue the consideraljle difficulties, and
even occasional distresses, which may attend the progress of the Xation
towards this primary condition to its general and permanent prosperity.
I must, however, adhere to my most earnest conviction that any waver-
ing in purpose or unsteadiness in methods, so far from avoiding or
reducing the inconvenience inseparable from the transition from an
irredeemable to a redeemable paper currency, would only tend to in-
creased and prolonged disturbance in values, and. unless retrieved,
must end in serious disorder, dishonor, and disaster in the financial
affairs of the Government and of the people. The mischiefs which I
apprehend, and urgently dei)recate, are confined to no class of the peo-
ple indeed, but seem to me most certainly to threaten the industrious
masses, whether their occupations are of skilled or common labor. To
them, it seems to me, it is of prime importance that their labor should
be compensated in money which is itself fixed in exchangeable value
by being irrevocably measured by the labor necessary to its produc-
tion. Tliis permanent quality of the money of the people is souglit for,
and can only be gained by the resumption of specie payments. The
rich, the speculative, the operating, the money-dealing classes, may not
always feel the mischiefs of, or may find casual profits in, a variable
currency, but the misfortunes of such a currency to those who are paid
salaries or wages are inevitable and remediless.

Closely connected with this general subject of the resumption of specie
payments, is one of subordinate, but still of grave importance — I mean
the readjustment of our coinage system, by the renewal of the silver
dollar, as an element in our specie currency, endowed by legislation
with the quality of legal-tender to a greater or less extent.

As there is no doubt of the power of Congress, under the Constitu-
tion, "to coin money and regulate the value thereof," and as this power
covers the whole range of authority applicable to the metal, the rated
value, and the legal-tender quality which shall be adopted for the coin-
age, the considerations which should induce or discourage a particular
measure connected with the coinage belong clearly to the province of
legislative discretion, and of pubhc expediency. AVithout intruding upon
this i)rovince of legislation in the least, I have yet thought the subject
of such critical importance in the actual condition of our affairs, as to
present an occasion for the exercise of the duty imposed by the Consti-

LETTERS AND MESSAGES. 79

tutiou ou the President, of recommending to the consideration of Con-
gress "such measures as he shall judge necessary- and expedient."

Holding- the opinion, as I do, that neither the interests of the Gov-
ernment nor of the people of the United States would be promoted by
disparaging silver as one of the two precious metals which furnish the
coinage of the world; and that legislation which looks to maintaining
the volume of intrinsic money to as full a measure of both metals as
their relative commercial values will permit, would be neither unjust
nor inexpedient, I must ask your indulgence to a brief and definite
statement of certain essential features in any such legislative measure
which I feel it my duty to recommend.

I do not propose to enter the debate, represented ou both sides by
such able disputants in Congress and before the people and in the
press, as to the extent to which the legislation of any one nation can
control this question, even within its own borders, against the unwrit-
ten laws of trade, or the positive laws of other governments. The wis-
dom of Congress, in shaping any particular law that may be presented
for my approval, may wholly supersede the necessity of my entering
into these considerations, and I willingly avoid either vague or intricate
inquiries. It is only certain plain and practical traits of such legisla-
tion that I desire to recommend to your attention.

In any legislation providing for a silver coinage, regulating its value
and imparting to it the quality of legal -tender, it seems to me of great
importance that Congress should not lose sight of its action as operat-
ing in a twofold capacity, and in two distinct directions. If the United
States Government were free from a public debt, its legislative dealing
with the question of silver coinage would be purely sovereign and gov-
ernmental, under no restraints but those of constitutional power and
the public good as affected by the proposed legislation. But, in the
actual circumstances of the Nation, with a vast public debt distributed
xery widely among our own citizens, and held in great amounts also
abroad, the nature of the silver-coinage measure, as aifecting this rela-
tion if the Government to the holders of the public debt, becomes an
element, in any pro[)Osed legislation, of the highest concern. The obli-
gation of the public faith transcends all questions of profit or public
advantage otherwise. Its unquestionable mainteaance is the dictate
as well as of the highest expediency, as of the most" necessary duty,
and will ever be carefully guarded by Congress and people alike.

The public debt of the United States, to the amount of 8729,000,000,
bears interest at the rate of six per cent., and $708,000,000 at the rate
of five per cent., and the only way in which the country can be relieved

80 LETTERS AND MESSAGES.

from the payment of these high rates of interest is by advantageously
refunding the indebtedness. Whether the debt is ultimately j)aid in
gold or in silver coin is of but little moment compared with the possible
reduction of interest one-third, by refunding it at such reduced rate.
If the United States had the unquestioned right to pay its bonds in
silver coin, the little benefit from that process would be greatly over-
balanced by the injurious effect of such payment, if made or proposed
against the honest convictions of the i)ublic creditors. All the bonds
that have been issued since February 12, 1873, when gold became the
only unlimited legal-tender metallic currency of the country, are justly
payable in gold coin or in coin of equal value. During the time of these
issues, the only dollar that could be or was received by the Govern-
ment in exchange for bonds was the gold dollar. To require the public
creditors to take, in repayment, any dollar of less commercial value,
would be regarded by them as a repudiation of the full obligation
assumed. The bonds issued prior to 1873 were issued at a time when
the gold dollar was the only coin in circulation or contemplated by
either the Government or the holders of the bonds as the coin in which
they were to be i)aid. It is far better to pay these bonds in that coin
than to seem to take advantage of the unforeseen fall in silver bullion
to pay in a new issue of silver coin, thus made so much less valuable.
The power of the United States to coin money and to regulate the value
thereof ought never to be exercised for the purpose of enabling- the
Government to pay its obligations in a coin of less value than that con-
templated by the parties when the bonds were issued. Any attempt
to pay the national indebtedness in a coinage of less commercial value
than the money of the world, would involve a violation of the public
faith, and work irreparable injury to the public credit.

It was the great merit of the act of March, 1869, in strengthening-
the |)ublic credit, that it removed all doubt as to the purpose of the
United States to pay their bonded debt in coin. That act was accepted
as a ])ledge of public faith. The Government has derived great benefit
from it in the progress thus far made in refunding the public debt at
low rates of interest. An adherence to the wise and just policy of an
exact observance of the public faith will enable the Government rapidly
to reduce the burden of interest on the national debt to an amount
exceeding $20,000,000 per annum, and effect an aggregate saving to
the United States of more than $300,000,000 before the bonds can be
fully i)aid.

In adapting the new silver coinage to the ordinary uses of currency
in the every-day transactions of life and prescribing the quality of legal-

LETTERS AND MESSAGES. 81

tender to be assigned to it, a consideration of the first iniportaiice
should be so to adjust the ratio between the silver and the gold coin-
age, which now constitutes our specie currency, as to accomplish the
desired end of maintaining the circulation of the two metallic currencies,
and keei)ing up the volume of the two precious metals as our intrinsic
money. It is a mixed question for scientific reasoning and historical
experience to determine how far, and by what methods, a practical
equilibrium can be maintained Avhich will keep both metals in circula-
tion in their appropriate spheres of common use. An absolute equality
of commercial value, free from disturbing fluctuations, is hardly attain-
able, and without it an unlimited legal-tender for private transactions
assigned to both metals would irresistibly tend to drive out of cinada-
tion the dearer coinage, and disappoint the principal object proposed by
the legislation in view. I apprehend, therefore, that the two conditions
of a near approach to equality of commercial value between the gold
and silver coinage of the same denomination, and of a limitation of the
amounts for which the silver coinage is to be a legal-tender, are essen-
tial to maintaining both in circulation. If these conditions can be suc-
cessfully observed, the issue from the mint of silver dollars would afford
material assistance to the community in the transition to redeemable
paper money, and would fVicilitate the resumption of specie payment
and its permanent establishment. Without these conditions, I fear that
only mischief and misfortune would flow from a coinage of silver dol-
lars with the quality of unlimited legal-tender, even in private trans-
actions.

Any expectation of temporary ease from an issue of silver coiuage to
pass as a legal-tender, at a rate materially above its commercial value,
is, I am persuaded, a delusion. Nor can I think that there is any sub-
stantial distinction between an original issue of silver dollars at a nomi-
nal value nuxterially above their commercial value, and the restoration
of the silver dollar at a rate which once was, but has ceased to be, its
commercial value. Certainly the issue of our gold coinage, reduced in
weight materially below its legal-tender value, would not be any the
less a present debasement of the coinage by reason of its equalling or
even exceeding in weight a gold coinage which at some past time had
been commercially etpial to the legal-tender value assigned to the new

issue.

In recommending that the regulation of any silver coinage which
may be authorized by Congress should observe these conditions of
commercial value and limited legal-tender, I am governed by the feel-
ing that every possible increase should be given to the volume of
G

82 LETTERS AND MESSAGES.

metallic money which can l)e kept in circulation, and thereby every
possible aid afforded to the ]>eople in the process of resuming specie
payments. It is because of my firm conviction that a disregard of these
conditions would frustrate the good results which are desired from the
proposed coinage, and embarrass with new elements of confusion and
uncertainty the business of the country, that I urge upon your atten-
tion these considerations.

I respectfully recommend to Congress that in any legislation pro-
viding for a silver coinage, and imparting to it the quality of legal-
tender, there be impressed upon the measure a firm pro\ision exempting
the public debt, heretofore issued and now outstanding, from payment,
either of principal or interest, in any coinage of less commercial value
than the present gold coinage of the country.

The organization of the civil service of the country has for a number
of years attracted more and more of the public attention. So general
has become the opinion that the methods of admission to it, and the
conditions of remaining in it, are unsound, that both the great political
parties have agreed in the most explicit declarations of the necessity of
reform, and in the most emphatic demands for it. I have fully believed
these declarations and demands to be the expression of a sincere con-
viction of the intelligent masses of the people upon the subject, and
that they should be recognized and followed by earnest and prompt
action on the part of the Legislative and Executive Departments of the
Government, in pursuance of the purpose indicated.

Before my accession to office I endeavored to have my own views
distinctly understood, and upon my inauguration my accord with the
public opinion was stated in terms believed to be plain and unambigu-
ous. My experience in the executive duties has strongly confirmed the
belief in the great advantage the country would find in observing
strictly the plan of the Constitution, which imposes upon the Executive
the sole duty and responsibility of the selection of those Federal officers
who, by law, are appointed, not elected; and which, in like manner,
assigns to the Senate the complete right to advise and consent to, or to
reject, the nominations so made; whilst the House of Representatives
stands as the public censor of the performance of official duties, with the
prerogative of investigation and prosecution in all cases of dereliction.
The blemishes and imperfections in the civil service may, as I think,
be traced, in most cases, to a practical confusion of the duties assigned
to the several departments of the Government. My purpose, in this
respect, has been to return to the system established by the funda-
mental law, and to do this with the heartiest co-operation and most cor-
dial understanding with the Senate and House of Representatives.

LETTERS AND MESSAGES. 83

The practical difficulties in the selection of numerous officers for posts
of widely-varying responsibilities and duties are acknowledgred to be
very great. No system can be expected to secure absolute freedom
from mistakes, and the beginning of any attempted change of custom
is quite likely to be more embarrassed in this respect than any subse-
quent period. It is here that the Constitution seems to me to prove its
claim to the great wisdom accorded to it. It gives to the Executive
the assistance of the knowledge and experience of the Senate, which,
when acting upon nominations as to which they may be disinterested
and impartial judges, secures as strong a guaranty of freedom from
errors of importance as is perhaps possible in human affairs.

In addition to this, I recognize the public advantage of making all
nominations, as nearly as possible, impersonal, in the sense of being free
from mere caprice or favor in the selection ; and in those offices in which
special training is of greatly increased value, I believe such a rule as
to the tenure of office should obtain as may induce men of proper quali-
fications to apply themselves industriously to the task of becoming
proficients. Bearing these things in mind, I have endeavored to reduce
the number of changes in subordinate places usually made upon the
change of the general administration, and shall most heartily co-operate
with Congress in the better systematizing of such methods and rules
of admission to the public service, and of promotion within it, as may
promise to be most successful in making thorough competency, effi-
ciency, and character the decisive tests in these matters.

I ask the renewed attention of Congress to what has already been
done by the Civil- Service Commission, appointed in pursuance of an
act of Congress by my predecessor, to prepare and revise civil-service
rules. In regard to much of the departmental service, especially at
Washington, it may be difficult to organize a better system than that
which has thus been provided, and it is now being used to a consider-
able extent under my direction. The commission has still a legal
existence, although for several years no appropriation has been made
for defraying its expenses. Believing that this commission has ren-
dered valuable service, and will be a most useful agency in improving
the administration of the civil service, I respectfully recommend that a
suitable appropriation, to be immediately available, be made to enable
it to continue its labors.

It is my purpose to transmit to Congress as early as practicable a
report by the chairman of the commission, and to ask your attention to
such measures on this subject as in my opinion will further promote
the improvement of the civil service.

84 LETTERS AND MESSAGES.

During- tlie ])ast year the United States have (iontinned to maintain
peaceful relations with foreign i'owers.

The outbreak of war between Eussia and Turkey, though at one time
attended by grave apprehension as to its eflect upon other European
nations, has had no tendency to disturb the amicable relations existing-
between the United States and each of the two contending Powers.
An attitude of just and impartial neutrality has been preserved, and I
am gratified to state that, in the midst of their hostilities, both the
llussian and the Turkish Governments have shown an earnest disposi-
tion to adhere to the obligations of all treaties with the United States,
and to give due regard to the rights of American citizens.

By the terms of the treaty, defining the rights, immunities, and priv-
ileges of consuls, between Italy and the United States, ratified in 18G8,
either Government may, after the lapse of ten years, terminate the
existence of the treaty by giving twelve months' notice of its intention.
The Government of Italy, availing itself of this faculty, has now given
the required notice, and the treaty will, accordingly, end on the 17th
of September, 1878. It is understood, however, that the Italian Gov-
ernment wishes to renew it, in its general scope, desiring only certain
modifications in some of its articles. In this disposition I concur, and
shall hope that no serious obstacles may intervene to prevent or delay
the negotiation of a satisfactory treaty.

Numerous questions in regard to passports, naturalization, and ex-
emption from military service, have continued to arise in cases of emi-
grants from Germany who have returned to their native country. The
l)rovisions of the treaty of February 22, ISGS, however, have proved to
be so ample and so judicious, that the Legation of the United States
at Berlin has been able to adjust all claims arising under it, not only
without detriment to the amicable relations existing between the two
Governments, but it is believed without injury or injustice to any duly-
naturalized American citizen. It is desirable that the treaty originally
made with the Xorth German Union in 18G8 should now be extended,
so as to apply equally to all the States of the Empire of Germany.

The invitation of the Government of France to participate in the ex-
position of the products of agriculture, industry', and the fine arts, to
be held at Paris during the coming year, was submitted for .your con-
sideration at the extra session. It is not doubted that its acceptance
by the United States, and a well-selected exhibition of the products of
American industry on that occasion, will tend to stinndate international
comnuMce and emigration, as well as to promote the traditional friend-
ship between the two countries.

LETTERS AND MESSAGES. 85

A question arose, sometime since, as to tlie proper meaning of the
extradition articles of tlie treaty of 1842 between tlie United States and
Great Britain. Both Governments, however, are now in accord in the
belief tliat the question is not one that should be allowed to frustrate
the ends of justice, or to disturb the friendship between the two Nations.
No serious difficulty has arisen in accomplishing- the extradition of
criminals when necessary*. It is prol)able that all points of disagree-
ment will, in due time, be settled, and, if need be, more explicit decla-
rations be made in a new treaty.

The Fishery Commission, under Articles XVIII to XXV of the Treaty
of Washington, has concluded its session at Halifax. The result of
the deliberations of the commission, as made iiublic by the commis-
sioners, will be communicated to Congress.

A treaty for the protection of trade-marks has been negotiated with
Great Britain, which has been submitted to the Senate for its con-
sideration.

The revolution which recently occurred in Mexico was followed by
the accession of the successful party to power, and the installation of
its chief, General Porfino Diaz, in the presidential office. It has been
the custom of the United States, when such changes of government
have heretofore occurred in Mexico, to recognize and enter into official
relations witli the de facto government as soon as it should api)ear to
have the approval of the Mexican x^tiople, and should manifest a dis-
position to adhere to the obligations of treaties and international friend-
shi]). In the present case, the official recognition has been deferred by
the occurrences on the Eio Grande border, the records of which ha\ e
already been communicated to each House of Congress, in answer to
their respective resolutions of inquiry-. Assurances have been received
that the au'horities at the seat of the Mexican Government have both
the disposition and the power to prevent and punish such unlawful in-
vasions and depredations. It is earnestly to be hoped that events may
prove these assurances to be well founded. The best interests of both
countries require the maintenance of peace upon the border, and the
development of counnerce between the two Republics.

It is gratifying to add that this temporary interruption of official re-
lations has not prevented due attention by the representatives of the
United States in Mexico to the protection of American citizens, so far
as practicable. Nor has it interfered with the prompt payment of the
amounts due from Mexico to the United States under the treaty of July
4, 1868, and the awards of the Joint Commission. While I do not an-
ticipate an interruption of friendly relations with Mexico, yet I cannot

86 LETTERS AND MESSAGES.

but look with some solicitude upon a continuance of border disorders^
as exposing- the two countries to initiations of popular feeling and mis-
chances of action which are naturally unfavorable to complete amity.
Firndy determined that nothing shall be wanting on my part to pro-
mote a good understanding between the two Nations, I yet must ask
the attention of Congress to the actual occurrences on the border, that
the lives and property of our citizens may be adequately protected and
peace preserved.

Another year has passed without bringing to a close the protracted
contest between the Spanish Government and the insurrection in the
Island of Cuba. While the United States have sedulously abstained
from any intervention in this contest, it is impossible not to feel that it
is attended with incidents affecting the rights and interests of Ameri.
can citizens. Apart from the effect of the hostilities upon trade between
the United States and Cuba, their progress is inevitably accompanied
by complaints, having more or less foundation, of searches, arrests^
embargoes, and oppressive taxes upon the property of American resi-
dents, and of unprovoked interference with American vessels and com-
merce. It is due to the Government of Spain to say that, during the
past year, it has promptl3' disavowed and offered reparation for any
unauthorized acts of unduly zealous subordinates, whenever such acts
have been brought to its attention. Nevertheless such occurrences can-
not but tend to excite feelings of annoyance, suspicion, and resentment,
which are greatly to be deprecated between the respective subjects and
citizens of two friendly Powers.

Much delay (consequent ni)on accusations of fraud in some of the
awards) has occurred in respect to the distribution of the limited
amounts received from Venezuela under the treaty of April 25, 1866,
applicable to the awards of the Joint Commission created by that treaty.
So long as these matters are pending in Congress, the Executive can-
not assume eitlier to pass upon the questions presented, or to distribute
the fund received. It is eminently <lesirable that detiuite legislative
action should be taken, either affirming the awards to be final or pro-
viding some method for re-examination of the claims.

Our relations with the Republics of Central and South America, and
with the Empire of Brazil, liave continued without serious change,
further than tlie temporary interruption of diplomatic intercourse with
Venezuela and with Guatemala. Amicable relations have already been
fully restored with Venezuela, and it is not doubted that all grounds of
misunderstanding with Guatemala will speedily be removed. From all
these countries there are favorable indications of a disposition on the

LETTERS AND MESSAGES. 87

part of their Governments and people to reciprocate our efforts in the
direction of increased commercial intercourse.

The Government of the Samoau Islands has sent au envoy in the
person of its Secretary of State to invite the Government of the United
States to recognize and protect their independence, to establish com-
mercial relations with their people, and to assist them in their steps
toward regulated and responsible government. The inhabitants of these
islands, having made considerable progress in Christian civilization and
the development of trade, are doubtful of their ability to maintain
peace and independence without the aid of some stronger power. The
subject is deemed worthy of respectful attention, and the claims upon
our assistance by this distant community will be carefully considered.

The long commercial depression in the United States has directed
attention to the subject of the possible increase of our foreign trade
and the methods for its development, not only with Europe, but with
other countries, and especially with the States and sovereignties of the
western hemisphere. Instructions from the Department of State were
issued to the various diplomatic and consular officers of the Govern-
ment, asking them to devote attention to the question of methods by
which trade between the respective countries of their official residence
and the United States could be most judiciously fostered. In obedience
to these instructions, examinations and reports upon this subject have
been made by many of these officers and transmitted to the Depart-
ment, and the same are submitted to the consideration of Congress.

The annual report of the Secretary of the Treasury on the state of
the finances presents important questions for the action of Congress,
upon some of which I have already remarked.

The revenues of the Government during the fiscal year ending June
30, 1877, Avere $260,000,580.62. The total expenditures for the same
period were $238,060,008.03, leaving a surplus revenue of $30,340,577.69.
This has substantially supplied the requirements of the sinking-fund
for that year. The estimated revenues of the current fiscal year are
$265,500,000, and the estimated expenditures for the same period are
$232,430,643.72. If these estimates prove to be correct, there will be
a surplus revenue of $33,060,350.28, an amount nearly sufficient for- the
sinking-fund for that year. The estimated revenues for the next fiscal
year are $260,250,000.

It appears from the report that during the last fiscal year the revenues
of the Government, compared with the previous year, have largely
decreased. This decrease, amounting to the sum of $18,481,452.54,
was mainly in customs duties, caused partly by a large falling off of

CO LETTERS AND MESSAGES.

the amount of imported dutiable goods, and partly by the general fall
of prices in the marketsof production of such articles as pay ar?-r«/orew
taxes. While this is felt injuriously iu the diminution of the revenue,
it has been accompanied with a very large increase of exportations.
The total exports during the last fiscal year, including coin, have been
$658,037,457, and tlie imports have been $402,097,540— leaving a bal-
ance of trade in favor of the United States amounting to the sum of
$100,539,917; the beneficial effects of which extend to all branches of
business.

The estimated revenue for the next fiscal year will impose upon Con-
gress the duty of strictly limiting appropriations, including the requisite
sun) for the maintenance of the sinking-fund, within the aggregated
estimated receipts.

While the aggregate of taxes should not be increased, amendments
might be made to the revemielaws that would, Avithout diminishing the
revenue, relieve the people from unnecessary burdens. A tax on tea
and coffee is shown by the experience not only of our Own country, but
of other countries, to be easily collected, without loss by undervaluation
or fraud, and largely borne in the country of production. A tax of ten
cents a pound on tea and two cents a pound on coffee would produce a
revenue exceeding $12,000,000, and thus enable Congress to repeal a
multitude of annoying taxes yielding a revenue not exceeding that sum.
The internal revenue system grew out of the necessities of the war,
and most of the legislation imposing taxes upon domestic products,
under this system, has been repealed. By the substitution of a tax on
tea and coffee, all forms of internal taxation may be re[)ealed, except
that on whiskey, spirits, tobacco, and beer. Attention is also called
to the necessity of enacting more rigorous laws for the protection of
the revenue and for the punishment of frauds and smuggling. This
can best be done by judicious jiro visions that will induce the disclosure
of attempted fraud by uuderval nation and snuiggling. All revenue
laws should be simple iu their provisions and easily understood. So
far as practicable, the rates of taxation should be in the form of specific
duties, and not ad valorem, requiring the judgment of experienced men
to ascertain values, and exposing the revenue to the temptation of
fraud.

My attention has been called during the recess of Congress to abuses
existing in the collecti<ni of the customs, and strenuous efforts have
been made for their correction l)y ExecutiNe orders. The recommenda-
tion submitted to the Secretary of the Treasury by a commission
appointed to examine into the collection of customs duties at the port

LETTERS AND MESSAGES. 89

of New York, contain many suggestions for tlie modificatiou of the
customs laws, to which the attention of Congress is invited.

It is matter of congratuhition that, notwithstanding the severe bur-
dens caused by the war, the public faith with all creditors has beeu
preserved, and that, as the result of this policy, the public credit has
continuously advanced, and our public securities are regarded Avith the
highest favor in the markets of the world. I trust that no act of the
Government Avill cast a shadow upon its credit.

The progress of refunding the public debt has been rapid and satis-
factory. Under the contract existing when I entered upon the discharge
of the duties of my office, bonds bearing interest at the rate of 4i per
cent, were being rapidly sold, and within three months the aggregate
sales of these bonds had reached the sum of J^2()0,()00,()0(). With my
sanction the SecretarA- of the Treasury entered into a new contract for
the sale of four per cent, bonds, and within thirtj" days after the popu-
lar subscription for such bonds was opened subscriptions were had
amounting to $75,490,550, which were paid for within ninety days after
the date of subscription. By this process, within but little more than
one year, the annual interest on the public debt was reduced in the
sum of $3,775,000. 1 recommend that suitable provision be made to
enable the people to easily convert their savings into Government
securities, as the best mode in which small savings may be well secured
and yield a moderate interest. It is an object of public policy to retain
among our own peox)le the securities of the United States. In this way
our country is guarded against their sudden return from foreign coun-
tries, caused bj- war or other disturbances beyond our limits.

The commerce of the United States with foreign Nations, and especially
the export of domestic productions, has of late years largely increased;
but the greater portion of this trade is c<mducted in foreign vessels.
The importance of enlarging our foreign trade, and especially by direct
and speedy interchange, with countries on this continent, cannot be
over-estimated; and it is a matter of great moment that our own ship-
j)ing interest should receive, to the utmost practical extent, the benefit
of our commerce with other lands. These considerations are forcibly
urged by all the large commercial cities of the country, and public
attention is generally and wisely attracted to the solution of the problems
they present. It is not doubted that Congress will take them up in the
broadest spirit of liberality, and respond to the public demand, by prac-
tical legislation, upon this important subject.

The report of the Secretary of War shows that the Army has been
actively' employed during the year, and has rendered A^ery important

90 LETTERS AND MEi-SAGES.

service in suppressiiig- liostilities in the Indian country, and in preserv-
ing peace, and protecting life and property in the interior as well as
along the Mexican border. A long and arduous campaign has been
prosecuted, with final complete success, against a portion of the ^ez
Percys tribe of Indians. A full account of this campaign will be found
in the report of the General of the Army. It will be seen that in its
course several severe battles were fought, in which a number of gallant
officers and men lost their lives. I join with the Secretary of War and
the General of the Army in awarding to the officers and men employed
in the long and toilsome pursuit, and in tlie final capture of these
Indians, the honor and praise which are so justly their due.

The very serious riots which occurred in several of the States in July
last rendered necessary the employment of a considerable portion of
the Army to preserve the peace and maintain order. In the States of
West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
were so formidable as to defy the local and State authorities, and the
National Executive was called upon, in the mode provided by the Con-
stitution and laws, to furnish military aid. I am gratified to be able
to state that the troops sent, in response to these calls for aid in the
suppression of domestic violence, were al)le, by the influence of their
presence in the disturbed regions, to preserve the peace and restore
order without the use of force. In the discharge of this delicate and
important duty, both officers and men acted with great prudence and
courage, and for their services deserve the thanks of the country.

Disturbances along the Rio Grande, in Texas, to which I have already
referred, have rendered necessary the constant employment of a mili-
tary for(;e in that vicinity. A full report of all recent military opera-
tions in that quarter has been transmitted to the House of Kepreseuta-
tives,in answer to a resolution of that body, and it will, therefore, not
be necessary to enter into details. I regret to say that these lawless
incursions into our territory by armed bands from the ^Mexican side of
the line, for the purpose of robl)ery, have been of frequent occurrence,
and, in spite of the most vigilant eftbrts of the commander of (mr forces,
the marauders have generally succeeded in escaping into Mexico with
their ])lunder. In May last I gave orders for the exercise of the utmost
vigilance on the part of our troops for the suppression of these raids,
and the i)unishment of the guilty parties, as well as the recapture of
property stolen by them. General Ord, commanding in Texas, was
directed to invite the co-operation of the Mexican authorities in etforts
to this end, and to assure them that I was anxious to avoid giving the
least offence to Mexico. At the same time, he was directed to give

LETTERS AND MESSAGES. 91

notice of my determination to put an end to the invasion of our territory
by lawless bands, intent upon the plunder of our peaceful citizens, even
if the effectual punishment of the outlaws should make the crossing of
the border by our troops in their pursuit necessary. It is believed that
this policy has had the effect to check somewhat these depredations,,
and that, with a considerable increase of our force upon that frontier,
and the establishment of several additional military posts along the
Eio Grande, so as more effectually to guard that extensive border, peace
may be preserved, and the lives and property of our citizens in Texas
fully protected.

Prior to the 1st day of July last the Army was, in accordance with
law, reduced to the maximum of 25,000 enlisted men, being a reduction
of 2,r)00 below the force previously authorized. This reduction was.
made, as required by law, entirely from the infantry and artillery branches
of the service, without any reduction of the cavalry. Under the law,
as it now stands, it is necessary that the cavalry regiments be recruited
to one hundred men in each company for service ou the Mexican and
Indian frontiers. The necessary effect of this legislation is to reduce
the infantry and artillery arms of the service below the number required
for efficiency; and I concur with the Secretary of War in recommending
that authority be given to recruit all companies of infantry to at least
fifty men, and all batteries of artillery to at least seventy-five nuni, with
the ])ower, in case of emergency, to increase the former to one hundred,,
and the latter to one hundred and twenty-two men each.

I invite your s[)ecial attention to the following recommendations of
the Secretary of War :

First. That provision be made for supplying to the Army a more
abundant and better supply of reading-matter.

Second. That early action be taken by Congress looking to a com-
plete revision and republication of the Army Regulations.

Third. That section 1258 of the Revised Statutes, limiting the num-
ber of officers on the retired list, be repealed.

Fourth. That the claims arising under the act of July 4, 18G4, for
supplies taken by the Army during the war, be taken from the offices
of the Quartermaster and Commissary-General, and transferred to the
Southern Claims Commission, or some other tribunal having more time
and better facilities for their prompt investigation and decision than are
possessed by these officers.

Fifth. That Congress provide for an annuity-fund for the families of
deceased soldiers, as recommended by the raymaster-General of the
Army.

92 LETTERS AND MESSAGES.

The report of tlie Secretary of the Ifavy shows that we have six
squadrons now engaged in tlie protection of our foreign commerce, ami
other duties pertaining to the naval service. The condition and opera-
ti(ms of the Department are also shown. The total expenditures for
the fiscal year ending June 30, 1877, were $10,077,974.54. There are
unpaid claims against the Department chargeable to the last year, which
are presented to the consideration of Congress by the report of the
Secretary. The estimates for the fiscal year commencing July 1, 1878,
are $10,233,234.40, exclusive of the sum of $2,314,231, submitted for
new buildings, repairs, and improvements at the several navy-yards.
The appropriations for the present fiscal year, commencing July 1, 1877,
are $13,592,032.00. The amount drawn from the Treasury trom July
1 to :N^ovember 1, 1877, is $5,343,037.40, of which there is estimated to
he yet available $1,029,528.30, showing the amount of actual expendi-
ture during the first four months of the present fiscal year to have been
$4,313,509.10.

The report of the Postmaster-General contains a full and clear state-
ment of the operations and condition of the Post-Office Department.
The ordinary revenues of the Department for the fiscal year ending
June 30, 1877, including receipts from the money-order business and
from otficial stamps and stamped envelopes, amounted to the sum of
$27,531,585.20. The additional sum of $7,013,000 was realized from
appropriations from the general treasury for various ])urposes, making
the receipts from all sources $34,544,885.20. The total expenditures
during the fiscal year amounted to $33,480,322.44, leaving an excess of
total receipts over total expenditures of $1,058,502.82, and an excess
■of total expenditures over ordinary receipts of $5,954,737.18. Deduct-
ing from the total receipts the sum of $03,201.84, received frinn inter-
national money-orders of the preceding fiscal year, and deducting from
the total expenditures the sum of $1,103,818.20, paid on liabilities in-
curred in previous fiscal years, the expenditures and receipts apper-
taining to the business of the last fiscal year were as follows :

Expenditures $32,322, 504 24

Receipts, (ordinary, from money-order business and from

official postage-stamps) ^'7, 408, 323 42

Excess of expenditures 'l? 854, 180 82

The ordinary revenues of the Post-Office Department for the year
ending June 30, 1879, are estimated at an increase of three per cent,
over those of 1877, making $29,034,098.28, and the expenditures for the

LETTERS AND MESSAGES. 93

same year are estimated at $30,427,771, leaving an estimated deficiency
for the year 1S79 of $7,393,672.72. Tlie additional legislation recom-
mended by the I*ostmaster-General for improvements of the mail service^
and to protect the i)0stal revenues from the abuses piactised under
existing' laws, is resj)ectfully recommended to the careful consideration
of Congress.

The report of the Attoiiiey-General contains several suggestions as
to the administration of justice, to which I invite your attention. The
pressure of business in the Supreme Court and in certain circuit courts
of the United States is now such that serious dehiys, to the great injury^
and even op[»ression, of suitors occur, and a remedy should be sought
for this condition of affairs. Whether it will be found in the plan
brietly sketclied in the rei)ort, of increasing the number of Judges of
the circuit courts, and by means of this addition to the judicial Ibrce
of creating an intermediate court of errors and appeals, or whether
some other mode can be devised for obviating the difficulties which
now exist, I leave to your mature consideration.

The present condition of the Indian tribes on tlie territory of the
United States, and our relations with tliem, are tally set Ibrtli in the
reports of tlie Secretary of the Interior and the Commissioner of Indian
Affairs. After a series of most deplorable conflicts — the successful
termination of wliicli, wliile reflecting lionor u])on tlie brave soldiers,
who accomplished it, cannot lessen our regret at their occurrence —we
are now at peace with all the Indian tribes within our borders. To
preserve that peace by a just and huuume i)olicy will be the object of
my earnest endeavors. Whatever may be said of their character and
savage propensities, of the difficulties of introducing among them the
habits of civilized life, and of the obstacles they have ofl'ered to the
progress of settlement and enterprise in certain parts of the country,
the Indians are certainly entitled to our sympathy, and to a conscien-
tious respect on our i)art for their claims ui^on our sense of justice.
They Avere the aboriginal occupants of the land we now possess. They
have been driven from place to place; the purchase-money paid ta
them, hi some cases, for what they called their own, has still left them
poor. In many instances, when they had settled down upon land
assigned to them by compact, and began to support themselves by their
own labor, they were rudely jostled off and thrust into the wilderness
again. Many, if not most, of our Indian wars have had their origin in
broken promises and acts of injustice upon our part; and the advance
of the Indians in civilization has been slow, because the treatment they
received did not permit it to be faster and more general. We cannot

t)4 LETTERS AND MESSAGES.

expect them to improve and to follow our guidance unless we keep faith
with them in respecting the rights they possess, and unless, instead of
depriving them of their opportunities, we lend them a helping-hand.

I cordially approve the i^olicy regarding the management of Indian
Affairs outlined in the rex)orts of the Secretary of the Interior and of
the Commissioner of Indian Affairs. The faithful j)erformance of our
promises is the first condition of a good understanding with the Indians.
I cannot too urgently recommend to Congress that prompt and liberal
provision be made for the conscientious fulfilment of all engagements
entered into by the Government with Indian tribes. To withhold the
means necessary for the performance of a promise is always a false
economy, and is apt to prove disastrous in its consequences. Especial
care is recommended to provide for Indians settled on their reserva-
tions cattle and agricultural imi)lements, to aid them in whatever
■efforts they may make to support themselves; and by the establish-
ment and maintenance of schools to bring them under the control of
ci\alized influences. I see no reason why Indians who can give satis-
factory proof of having by their own labor supported their families for
a number of years, and who are willing to detach themselves from their
tribal relations, should not be admitted to the benefit of the homestead
act and the privileges of citizensliip ; and I recommend the passage of
a law to that effect. It will be an act of justice, as well as a measure of
encouragement. Earnest efforts are being made to purify the Indian
Service, so that every dollar approj^riated by Congress shall redound
to the benefit of the Indians, as intended. Those efforts shall have my
firm support. With an improved service, and every possible encoiu--
agement held out to the Indians to better their condition and to elevate
themselves in the scale of civilization, we may hope to accomplish, at
the same time, a good work for them and for ourselves.

I invite the attention of Congress to the importance of the statements
and suggestions made by the Secretary of the Interior concerning the
depredations committed on the timber-lands of the United States, and
the necessity for the preservation of forests. It is believed that the
measures taken in jjursuance of existing law to arrest those depreda-
tions will be entirely successful if Congress, by an apx)ropriation for
that purpose, renders their continued enforcement possible. The expe-
rience of other nations teaches us that a country cannot be stripped of
its forests with impunity, and we shall expose ourselves to the gravest
consequences unless the wasteful and improvident manner in which the
forests of the United are destroyed be effectually checked. I earnestly
recommend that the measures suggested by the Secretary of the Inte-

LETTERS AND MESSAGES. 95

rior for the suppression of depredations on the public timber-lands of
the United States, for the selling of timber from the public lands, and
for the preservation of forests, be embodied in a law; and that, consid-
ering the urgent necessity of enabling the people of certain States and
Territories to purchase timber from the public lands in a legal manner,
which at present they cannot do, such a law be passed without una-
voidable delay. I would also call the attention of Congress to the
statements made by the Secretary of the Interior concerning the dis-
position that ]uight be made of the desert lauds not irrigable west of
the 100th meridian. These lands are practically unsalable under exist-
ing laws, and the suggestion is worthy of consideration that a system
of leasehold tenure would make them a source of prolit to the United
States, while at the same time legalizing the business of cattle-raising,
which is at present carried on ui)on them.

The report of the Commissioner of Agriculture contains the gratify-
ing announcement of the extraordinary success which has rewarded
the agricultural industry of the country for tlie past year. With the
fair prices which obtain for the products of the soil, especially for the
surplus which our people have to export, we may confidently turn to
this as the most important of all our resources for the revival of the
depressed industries of the country. The report shows our agricultural
progress during the year, and contains a statement of the work done
by this department for the advancement of agricultural industry, upon
which the prosi^erity of our people so largely depends. Matters of in-
formation are included of great interest to all who seek, by the exi)e-
rieuce of others, to improve their own methods of cultivation. The
efforts of the Department to increase the production of important
articles of consumption will, it is ho])ed, improve the demand for labor,
and advance the business of the country, and eventually result in
saving some of the many millions that are now annually paid to foreign
Nations for sugar and other staple products which habitual use has
made necessary in our domestic every-day life.

The Board on behalf the United States Executive Departments at the
International Exhibition of 1876 has concluded its labors. The final
report of the Board was transmitted to Congress by the President near
the close of the last session. As these papers are understood to con-
tain interesting and valuable information, and will constitute the only
report emanating from the Government on the subject of the Exhibi-
tion, I invite attention to the matter and recommend that the report be
published for general information.

Congress is empowered by the Constitution with the authority of
exclusive legislation over the District of Columbia, in which the seat

96 LETTERS AND MESSAGES.

of Govei'iniient of the Xatiou is located. The interests of the District
havings no direct representation in Congress, are entitled to especial
consideration and care at the hands of the General Government. The
capital of the United States belongs to the Nation, and it is natural
that the American people should take pride in the seat of their National
Government, and desire it to be an ornament to the country. Much
has been done to render it healthful, convenient, and attractive, but
much remains to be done, which its permanent inhabitants are not able
and ought not to be expected to do. To impose upon them a large
propcution of the cost required for public improvements, which are in a
great measure i)lanned and executed for the convenience of the Gov-
ernment, and of the many thousands of visitors from all i)arts of the
country, who temi)orarily reside at the capital of the Nation, is an evi-
dent injustice. Special attention is asked by the Commissioners of the
District in their report, which is herewith transmitted, to the impor-
tance of a permanent adjustment by Congress of the financial relations
between the United States and the District, involving the regular
annual contribution by the United States of its just proportion of the
expenses of the District government, and of the outlay for all needed
public improvements, and such measure of relief from the burden of
taxation now resting upon the people of the District as in the wisdom
of Congress may be deemed just.

The report of the Commissioners shows that the affairs of the District
are in a condition as satisfactory as could be expected, in view of the
heavy burden of debt resting upon it, and its very limited means for
necessary expenses.

The debt of the District is as follows:

Old funded debt |8, 379, C91 96

3.65 bonds, guaranteed by the United States 13, 743, 250 00

Total bonded debt 22, 122, 941 96

To which should be added certain outstanding claims,

as explained in the report of the Commissioners. . . 1, 187, 204 52

Making the total debt of the District 23, 310, 146 48

The Commissioners also ask attention to the importance of the im-
provement of the Potomac river, and the reclamation of the marshes
bordering the city of Washington ; and their view^s upon this subject
are concurred in by the members of the Board of Health, whose report
is also herewith transmitted. Both the commercial and sanitary in-
terests of the District will be greatly promoted, I doubt not, by this,
improvement.

LETTERS AND MESSAGES. 97

Yolu' attention is invited to the suggestion of the Commissioners, and
of the Board of Health, for the organization of a Board of Charities,
to have supervision and control of the disbursement of all moneys for
charitable purposes from the District treasury. I desire, also, to ask
your special attention to the need of adding to the efficiency of the
public schools of the District, by supplemental aid from the is'ational
Treasury. This is especially just, since so large a number of those
attending these schools are children of employes of the Government.
I earnestly commend to your care the interests of the people of the
District, who are so intimately associated with the Government estab-
lishments, and to whose enterprise the good order and attractiveness of
the capital are largely due; and I ask your attentioii to the request of
the Commissioners for legislation in behalf of the interests intrusted
to their care. The appropriations asked, for the care of the reserva-
tions belonging to the Government within the city, by the Commissioner
of Public Buildings and Grounds, are also commended to your favor-
able consideration.

The report of the Joint Commission created by the act approved
August 2, 1876, entitled "An act providing for the completion of the
Washington Monument,'' is also herewith transmitted, with accom-
panying documents. The board of engineer officers detailed to ex-
amine the monument, in compliance with the second section of the act,
have reported that the foundation is insufficient. Xo authority exists
for making the expenditure necessary to secure its stability. I there-
fore recommend that the commission Ije authorized to expend such
portion of the sum appropriated by the act as may be necessary for
the purpose. The present unfinished condition of the hionument, beguii
so long ago, is a reproach to the Xation. It cannot be doubted that
the patriotic sense of the country will warmly respond to such prompt
provision as may be made for its completion at an early day, and I urge
upon Congress the propriety and necessity of immediate legislation for
this purpose.

The wisdom of legislation upon the part of Congress in aid of the
States, for the education of the whole people in those branches of study
which are taught in the common schools of the country, is no longer a
question. The intelligent judgment of the country goes still further,
regarding it as also both constitutional and expedient for the General
Government to extend to technical and higher education, such aid as is
deemed essential to the general welfore and to our due prominence
among the enlightened and cultured Xations of the world. The ulti-
mate settlement of all questions of the future, whether of administra-
7

98 LETTERS AND MESSAGES.

tion or fiuauce, or of true nationality of sentiment, depends upon the
virtue and intelligence of the people. It is vain to hope for the
success of a free government without the means of insuring the intelli-
gence of those who are the source of j)Ower. Xo less than one-seventh
of the entire voting population of onr country are yet unable to read
and write.

It is encouraging to observe, in connection with the growth of frater-
nal feeling in those States in which slavery formerly existed, evidences
of increasing interest in universal education, and I shall be glad to give
my approval to any appropriate measures which may be enacted by
Congress for the purpose of supplementing with national aid the local
systems of education in those States, and in all the States ; and having
already invited your attention to the needs of the District of Columbia
with respect to its public-school system, I here add that I believe it
desirable, not so much with reference to the local wants of the District,
but to the great and lasting benefit of the entire country, that this
system should be crowned with a university in all respects in keeping
with the iN^ational Capital, and thereby realize the cherished hopes of
Washington on this subject. '

I also earnestly commend the request of the Eegents of the Smith-
sonian Institution that an adequate appropriation be made for the
establishment and conduct of a national museum under their super-
vision.

The question of providing for the preservation and growth of the
Library of Congress is also one of national importance. As the depos-
itory of all copyright publications and records, this library has out-
grown the provisions for its accommodation; and the erection, on such
site as the judgment of Congress may approve, of a fire-proof library-
building, to preserve the treasures and enlarge the usefulness of this
valuable collection, is recommended. I recommend also such legisla-
tion as will render available and efficient, for the purposes of instruction,
so far as is consistent with the public service, the cabinets or museums
of invention, of surgery, of education, and of agriculture, and other
collections, the property of the National Government.

The capital of the Nation should be something more than a mere
political centre. We should avail ourselves of all the opportunities
which Providence has here placed at our command, to promote the
general intelligence of the people and increase the conditions most
favorable to the success and perpetuity of our institutions.

E. B. HAYES.

December 3, 1S77.

IMESS^OE

RETURNIXG TO

THE HOUSE OF KEPEESENTATIVES THE BILL ENTITLED "AN ACT TO

AUTHORIZE THE COINAGE OF THE STANDARD SILVER DOLLAR

AND TO RESTORE ITS LEGAL-TENDER CHARACTER.

FEBRUARY 98, 1878-

MESSAGE.

To THE House of Kepresentatives :

After a very careful consideration of the House bill No. 1093, entitled
"An act to authorize the coinage of the standard silver dollar and to
restore its legal-tender character," I feel compelled to return it to the
House of Representatives, in which it originated, with mj objections
to its passage.

Holding the opinion which I^ expressed in my annual message, that
"neither the interests of the Government nor of the people of the
United States would be promoted by disparaging silver as one of the
two precious metals which furnish the coinage of the world, and that
legislation which looks to maintaining the volume of intrinsic money to
as full a measure of both metals as their relative commercial values
will permit would be neither unjust nor inexpedient," it has been my
earnest desire to concur with Congress in the adoption of such meas-
ures to increase the silver coinage of the country as would not impair
the obligation of contracts, either public or private, nor injuriously
afiect the public credit. It is only upon the conviction that this bill
does not meet these essential requirements that I feel it my duty to
withhold from it my approval.

My present ofBcial duty as to this bill permits only an attention to
the specific objections to its passage which seem to me so important as
to justify me in asking from the wisdom and duty of Congress that
further consideration of the bill for which the Constitution has, in such
cases, provided.

The bill provides for the coinage of silver dollars of the weight of
412^ grains each, of standard silver, to be a legal-tender at their- nom-
inal value for all debts and dues, public and private, except where
otherwise expressly stipulated in the contract. It is well known that
the market value of that number of grains of standard silver during the
past year has been from ninety to ninety-two cents as compared with
the standard gold dollar. Thus the silver dollar authorized by this
bill is worth 8 to 10 per cent, less than it purports to be worth, and is
made a legal-tender for debts contracted when the law did not recog-
nize such coins as lawful money.

The right to pay duties in silver or certificates for silver deposits will,

102 LETTERS AND MESSAGES.

when they are issued in sufficient amount to circulate, put an end to
tlie receipt of revenue in gold, and thus compel the payment of silver
for both the principal and interest of the public debt. One thousand one
hundred and forty-three million four hundred and ninety-three thou-
sand four hundred dollars of the bonded debt, now outstanding, was
issued prior to February, 1873, when the silver dollar was unknown in
circulation in this country, and was only a convenient form of silver
bidUon for exportation ; $583,4:40,3o0 of the funded debt has been issued
since February, 1873, when gold alone was the coin for which the bonds
were sold, and gold alone was the coin in which both parties to the
contract understood that the bonds would be paid. These bonds entered
into the markets of the world. They were paid for in gold when silver
had greatly depreciated, and when no one would have bought them if
it had been understood that they would be paid in silver. The sum of
$225,000,000 of these bonds has been sold during my administration
for gold coin, and the United States received the benefit of these sales
by a reduction of the rate of interest to 4 and 4^ per cent. During
the progress of these sales a doubt was suggested as to the coin
in which payment of these bonds would be made. The public an-
nouncement was thereupon authorized that it was " not to be antici-
pated that any future legislation of Congress, or any action of any De-
partment of the Government, would sanction or tolerate the redemp-
tion of the principal of these bonds, or the payment of the interest
thereon, in coin of less value than the coin authorized by law at the
time of the issue of the bonds, being the coin exacted by the Govern-
ment in exchange for the same."

In view of these facts it will be justly regarded as a grave breach of
the public faith to undertake to pay these bonds, principal or interest,
in silver coin wortli in the market less than the coin received for them.
It is said that the silver dollar made a legal-tender by this bill ^^ill.
under its operation, be equivalent in value to the gold dollar. Many
supporters of the bill believe this, and would not justify an attempt to
pay debts, either public or private, in coin of inferior value to the money
of the world. The capital defect of the bill is that it contains no pro-
vision protecting from its operation pre-existing debts in case the coinage
which it creates shall continue to be of less value than that which was
the sole legal- tender when they were contracted. If it is now proposed
for the purpose of taking advantage of the depreciation of silver in the
payment of debts to coin and make a legal-tender a silver dollar of less
commercial value than any dollar, whether of gold or i^aper, which is
now lawful money in this country, such measure, it will hardly be (pies-

LETTERS AND MESSAGES. 103

tioned, will, in tlie judgment of mankind, be an act of bad faith. As
to all debts heretofore contracted, the silver dollar should be made a
legal-tender only at its market value. The standard of value should
not be changed without the consent of both parties to the contract.
National promises should be kept with unflinching fidelity. There is
no power to compel a Nation to pay its just debts. Its credit depends
on its honor. The Nation owes what it has led or allowed its creditors
to expect. I cannot approve a bill which in my judgment authorizes
the violation of sacred obligations. The obligation of the public faith
transcends all questions of profit or public advantage. Its unques-
tionable maintenance is the dictate as well of the highest expediency
as of the most necessary duty, and should ever be carefully guarded
by the Executive, by Congress, and by the people.

It is my firm conviction that, if the country is to be benefited by a
silver coinage, it can be done only by the issue of silver dollars of full
value, which will defraud no man. A currency worth less than it pur-
ports to be worth will in the eud defraud not only creditors, but all
who are engaged in legitimate business, and none more surely than
those who are dependent on their daily labor for their daily bread.

K. B. HAYES.

ExECUTH^E Mansion, February 28, 1878.

m:essa.ge

RETURNING TO

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT TO-

AUTHORIZE A SPECIAL TERM OF THE CIRCUIT COURT OF

THE UNITED STATES FOR THE SOUTHERN DISTRICT OF

MISSISSIPPI, TO BE HELD AT SCRANTON, IN

JACKSON COUNTY."

MARCH 6, 187B.

MESSAGE.

To THE House of Kepresentatives:

I return lierevrith House bill Xo. 3072, entitled "An act to authorize
a special term of the circuit court of the United States for the southern
district of Mississippi, to be held at Scrantou, in Jackson County," with
the following- objections to its becoming a law:

The act provides that a special term of the circuit court of the United
States for the southern district of Mississippi shall be held at Scran-
ton, in Jackson County, Mississippi, to begin on the second Monday in
March, 1878, and directs the clerk of said court to "cause notice of said
special term of said court to be published in a newspaper in Jackson,
Mississippi, and also in a newspaper in Scranton, at least ten days
before the beginning thereof."

The act cannot be executed, inasmuch as there is not sufficient time
to give the notice of the holding of the special term, which Congress
thought proper to require.

The number of suits to be tried at the special term, in which the
United States is interested, is forty-nine, and the amount involved ex-
ceeds $200,000. The Government cannot prepare for trial at said special
term, because no fund appropriated by Congress can be made available
for that purpose. If, therefore, the Government is compelled to go to
trial at the special term provided for by this bill, the United States must
be defeated for want of time and means to make preparation for the
proper vindication of its rights.

The bill is therefore 'returned for the further consideration of Con-
gress.

E. B. HAYES.

Executive Mansion, March 6, 1878.

I certify that this act originated in the House of Representatives.

Attest:

GEO. M. ADAMS,

Clerl:

108 • LETTERS AND MESSAGES.

AN ACT to authorize a special term of the circuit court of the United States for the
southern district of Mississippi, to be held at Scrauton, in Jackson County.

Be it enacted by the Senate and Rouse of Representatives of the United
States of America in Congress assembled, That a si)ecial term of tlie cir-
cuit coiirt of the United States for the southern district of Mississippi
shall be holden at Scrauton, in Jackson County, Mississippi, to begin
on the second Monday in March, eighteen hundred and seventy-eight;
and the clerk of said court shall cause notice of said special term of said
court to be published in a newspaper in Jackson, Mississippi, and also
in a newspaper in Scrauton, at least ten days before the beginning
thereof. And all process, writs, bonds, and recognizances which relate
to any suit or suits pending, or which may be instituted in said court
in belialf of the United States against any party or parties for or on
account of any lumber, logs, charcoal, or turpentine, or growing out of
or on account of any alleged depredation upon, or timber cut or taken
from, any of the puljlic lauds of the United States in said district shall
be considered as belonging to such special term; and such suits shall
be then and there tried and determined as if they had been brought,
and such writs, process, bonds, and recognizances had been opened and
taken with reference and made returnable to such special term. And
the presiding judge of said court shall have power to continue such
special term from time to time until said suits shall be determined, if,
in his judgment, the ends of justice mav so recpiire.

SAM. J. RANDALL,
Spealcer of the House of Representatives.

W. A. WHEELER,
Vice-President of the United States and President of the Senate.

PROCLAMATION

MARTIAL LAW IX NEW MEXICO,

OCTOBER 7, 1878.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATIO:^^.

Whereas it is provided in the laws of the United States that when-
ever, by reason of nnlawfnl obstrnctions, combinations or assemblages
of persons, or rebellion against the authority of the Government of the
United States, it shall become impracticable, in the judgment of the
President, to enforce by the ordinary course of judicial proceedings the
laws of the United States within any State or Territory, it shall be law-
ful for the President to call forth the militia of any or all the States, and
to employ such parts of the land and naval forces of the United States
as he may deem necessary to enforce the faithful execution of the laws
of the United States, or to suppress such rebellion, in whatever State or
Territory thereof the laws of the United States may be forcibly opposed
or the execution thereof forcibly obstructed ;

And whereas it has been made to appear to me that by reason of un-
lawful combinations and assemblages of persons in arms, it has become
impracticable to enforce, by the ordinary coarse of judicial proceedings,
the laws of the United States within the Territory of :Sew Mexico, and
especially within Lincoln County therein; and that the laws of the
United States have been therein forcibly opposed and the execution
thereof forcibly resisted ;

And whereas the laws of the United States require that whenever it
may be necessary, in the judgment of the President, to use the military
force for the purpose of enforcing the faithful execution of the laws of
the United States, he shall forthwith, by proclamation, command such
insurgents to disperse and retire peaceably to their respective abodes,
within a limited time :

Xow, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States, and
especially of the Territory of New Mexico, against aiding, countenanc-
ing, abetting, or taking part in any such unlawful proceedings, and I
do hereby warn all persons engaged in or connected with said obstruc-
tion of the laws, to disperse and retire peaceably to their respective
abodes on or before noon of the thirteenth day of October, instant.

112 LETTERS AND MESSAGES.

In witness whereof I have hereunto set my hand, and caused the seal
of the United States to be affixed.

Done at the city of Washington this seventh day of October, in the

year of our Lord eighteen hundred and seventy-eight, and of

[SEAL.] the Independence of the United States the one hundred and

third.

K. B. HAYES.

By the President :

F. W. Seward,

Acting Secretary of State.

THANKSGIVING PROCLAMATION

OCTOBER 30, 1878.

PROCLAMATION.

BY THE PKESIDENT OF THE UNITED STATES OF AMERICA.

A proclamatio:n^.

The recurrence of that season at which it is the habit of our people to
make devout and pubhc confession of their constant dependence upon
the Divine favor for all the good gifts of life and happiness and of public
peace and prosperity, exhibits, in the record of the year, abundant
reasons for our gratitude and thanksgiving.

Exuberant harvests, productive mines, ample crops of the staples of
trade and manufactures, have enriched the country.

The resources, thus furnished to our reviving industry and expanding-
commerce, are hastening the day when discords and distresses, through
the length and breadth of the land, will, under the continued favor of
Providence, have given way to confidence, and energy and assured
prosperity.

Peace with all Nations has been maintained unbroken, domestic tran-
quillity has prevailed, and the institutions of liberty and justice which
the wisdom and ^irtue of our fathers established, remain the glory and
defence of their children.

The general prevalence of the blessings of health through our wide
land, has made more conspicuous the sufferings and sorrows, which the
dark shadow of pestilence has cast upon a portion of our people. This
heavy afftictiou, even, the Divine Euler has tempered to the suffering
communities in the universal sympathy and succor which have flowed
to their relief, and the whole Nation may rejoice in the unity of spirit
in our people by which they cheerfully share one another's l)urdens.

Now, therefore, I, Rutherford B. Hayes, President of the United
States, do appoint Thursday, the 28th day of November, next, as a
Day of National Thanksgiving and Prayer; and I earnestly recom-
meiul that, withdrawing themselves from secular cares and labors, the
people of the United States do meet together on that day in their re-
spective places of worship, there to give thanks and praise to Almighty
God for His mercies, and to devoutly beseech their continuance.

In witness whereof I have hereunto set my hand, and caused the seal
of the United States to be affixed.

116 LETTERS AND MESSAGES.

Done at tlie city of Wasliiugtou tliis thirtieth day of October, in the
year of our Lord one thousand eight hundred and seveuty-
[SEAL.] eight, and of the Independence of the United States the one
hundred and third.

E. B. HAYES.

By the President:

Wm. M. Evarts,

Secretary of State.

]VI E s s ^ a E

TWO HOUSES OF OONGEESS AT THE COMMENCEMENT OF THE THIED
SESSION OF THE FOETY-FIFTH CONGEESS.

DECEMBER 2, 1878.

MESSAGE

Fellow- CrnzEX8 of the Senate

AND House of Eepresentatives :

Our heartfelt gratitude is due to the Divine Beiug, wlio hokls iu His
hands the destinies of Nations, for the continued bestowal, during the
last year, of countless blessings upon our country.

We are at peace with all other Xations. Our public credit has greatly
improved, and is, i^erhaps, now stronger than ever before. Abundant
harvests have rewarded the labors of those who till the soil, our manu-
facturing industries are reviving, and it is believed that general pros-
perity, which has been so long anxiously looked for, is at last within
our reach.

The enjoyment of health by our people generally has, however, been
Interrupted, during the past season, by the prevalence of a fatal pes-
tilence, the yellow-fever, in some portions of the Southern States, cre-
ating an emergency which called for prompt and extraordinary measures
of relief. The disease appeared as an epidemic, at IS^ew Orleans and
at other places on the lower Mississippi, soon after midsummer. It
was rapidly spread by fugitives from the infected cities and towns, and
did not disappear until early in November. The States of Louisiana,
Mississippi, and Tennessee have suffered severely. About one hun-
dred thousand cases are believed to have occurred, of which al)Out
twenty thousand, according to intelligent estimates, proved fatal. It
is impossible to estimate with any approach to accuracy the loss to the
country occasioned by this epidemic. It is to be reckoned by the hun-
dred millions of dollars. The suffering and destitution that resulted
excited the deepest sympathy in all parts of the Union. Physicians
and nurses hastened from every quarter to the assistance of the afflicted
communities. Voluntary contributions of money and supplies, in every
needed form, were speedily and generously furnished. The Govern-
ment was able to respond in some measure to the call for help, by pro-
viding tents, medicines, and food for the sick and destitute, the requi-
site directions for the ]nirpose being given, in the confident expectation
that this action of the Executive would receive the sanction of Con-
gress. About eighteen hundred teuts, and rations of the value of

120 LETTERS AND MESSAGES.

about twenty-five thousand dollars, were sent to cities and towns wliicli
applied for thein, full details of which will be furnished to Congress by
the proper Department.

The fearful spread of this pestilence has awakened a very general
public sentiment in favor of national sanitary administration, which
shall not only control quarantine, but have the sanitary supervision of
internal commerce in times of epidemics, and hold an advisory relation
to the State and municipal health authorities, with power to deal with
whate^'er endangers the public health, and which the municipal and
State authorities are unable to regulate. The national quarantine act
approved April 29, 1878, which was passed too late in the last session of
Congress to provide the means for carrying it into practical operation,
during the past season, is a step in the direction here indicated. In
view of the necessity for the most effective measures, by quarantine
and otherwise, for the i)rotection of our seaports, and the countrj^ gen-
erally, from this and other epidemics, it is recommended that Congress
give to the whole subject early and careful consideration.

The permanent pacification of the country by the complete protec-
tion of all citizens in every civil and political right continues to be of
paramount interest with the great body of our people. Every step in
this direction is welcomed with public approval, and every interruption
of stead^^ and uniform progress to the desired consnmmation awakens
general uneasiness and wide-spread condemnation. The recent Con-
gressional elections have furnished a direct and trustworthy test of
the advance thus far made in the practical establishment of the right
of suffrage, secured by the Constitution to the liberated race in the
Southern States. All disturbing influences, real or imaginary, had been
removed from all of these States.

The three constitutioHal amendments, which conferred freedom and
equality of civil and political rights upon the colored people of the
South, were adopted by the concurrent action of the great body of
good citizens who maintained the authority of the National Govern-
ment and the integrity and i^erpetuity of the Union at such a cost of
treasure and life, as a wise and nec(\ssary embodiment in the organic
law of the just results of the war. The j^eople of the former slave-
holding States accepted these results, and gave, in every practicable
form, assurances that the thirteenth, fourteenth, and fifteenth amend-
ments, and laws passed in pursuance thereof, should, in good faith, be
enforced', rigidly and impartially, in letter and spirit, to the end that the
humblest citizen, without distinction of race or color, should, under
them, receive full and equal protection in person and property and in

LETTERS AND MESSAGES. 121

political rights aud privileges. By these constitutional amendments^
the southern section of the Union obtained a large increase of political
power in Congress and in the Electoral College, aud the country justly
expected that elections would j)roceed, as to the enfranchised race, upon
the same circumstances of legal and constitutional freedom and pro-
tection which obtained in all the other States of the Union. The friends
of law and order looked forward to the conduct of these elections, -as
ottering to the general judgment of the country an important opportu-
nity to measure the degree in which the right of sutfrage could be
exercised by the colored people, and would be resjiected by their fellow-
citizens: but a more general enjoyment of freedom of suffrage by the
colored ix'ople, and a more just and generous protection of that freedom
by the comnuinities of which they form a part, were generally antici-
pated than the record of the elections discloses. In some of those
States in which the colored people have been unable to make their
opinions felt in the elections, the result is mainly due to influences not
easily measured or remedied by legal protection; but in the States of
Louisiana aud South Carolina at large, and in some particular con-
gressional districts outside of those States, the records of the elections
seem to compel the conclusion that the rights of the colored voters
have been overridden, and their participation in the elections not per-
mitted to be either general or free.

It will be for the Congress for which these elections were held, to
make such examinations into their conduct as may be appropriate to
determine the validity of the claims of members to their seats. In the
meanwhile it becomes the duty of the Executive and Judicial Depart-
ments of the Government, each in its province, to inquire into and pun-
ish violations of the laws of the United States which have occurred. I
can but repeat what I said in this connection in my last message, that
whatever authority rests with me to this end I shall not hesitate to put
forth, and I am unwilling to forego a renewed appeal to the legislatures,
the courts, the executive authorities, and the peoi)le of the States where
these wrongs have been i)erpetrated, to give their assistance towards
bringing to justice the offenders aud preventing a repetition of the
crimes. Xo means within my power will be spared to obtain a full and
fair investigation of the alleged crimes, and to secure the conviction
and just punishment of the guilty.

It is to be observed that the i)rincipal approiu'iation made for the
Department of Justice at the last sessioh contained the following'
clause: "And for defraying the expenses which may be incurred in
the enforcement of tlie act approved February twenty-eighth, eighteen

122 LETTERS AND MESSAGES.

hundred and seventy-one, entitled 'An act to amend an act approved
May tliirtietli, eighteen hundred and .seventy, entitled An act to enforce
the rights of citizens of the I'nited States to vote in the several States
of the Union, and for other purposes,' or any acts amendatory thereof
or supplementary thereto."'

It is the opinion of the Attorney-General that the expenses of these
proceedings will largely exceed the amount -vrhich was thus provided,
and I rely confidently upon Congress to make adequate appropriations
to enable the Executive Department to enforce the laws.

I respectfully lu-ge upon your attention that the Congressional elec-
tions, in every district, in a very important sense, are justly a matter
of political interest and concern throughout the whole country. Each
State, every political party, is entitled to the share of power which is
conferred by the legal and constitutional suffrage. It is the right of
every citizen, possessing the qualifications prescribed by law, to cast
one unintiuiidated ballot, and to have his ballot honestly counted. So
long as the exercise of this power and the enjoyment of this right are
common and equal, practically as well as formally, submission to the
results of the suffrage will be accorded loyally and cheerfully, and all
the departments of Government will feel the true vigor of the popular
will thus expressed. Xo temporary or administrative interests of Gov-
ernment, however urgent or weighty, will ever displace the zeal of our
people in defence of the primary rights of citizenship. They under-
stand that the protection of liberty requires the maintenance, in full
vigor, of the manly methods of free speech, free press, and free suffrage,
and will sustain the full authority of Government to enforce the laws
which are framed to preserve these inestimable rights. The material
progress and welfare of the States depend on the protection afforded to
their citizens. There can be no peace without such protection, no pros-
perity without i)eace, and the whole country is deeply interested in
the growth and prosperity of all its parts.

While the country has not yet reached complete unity of feeling and
reciprocal confidence between the communities so lately and so seriously
estranged, I feel an absolute assurance that the tendencies are in that
direction, and with increasing force. The power of public opinion will
override all political prejudices, and all sectional or State attachments,
in demanding that all over our wide territory the name and character
of citizen of the United States shall mean one and the same thing, and
carry with them unchallenged security and respect.

Our relations with other countries continue peaceful. Our neutrality
in contests between foreign Powers has been maintained and respected.

LETTERS AND MESSAGES. 123

The Uiiiver.sal Exposition held at Paris during the past suiuiner lias
l)een attended by large numbers of our citizeus. The brief period
allowed for the i)reparation and arrangement of the contributions of
our citizens to tliis great Exposition was well employed in energetic
and judicious efforts to overcome this disadvantage. These efforts, led
and directed by tlie Commissioner-General, were remarkably success-
ful, and the exliibition of the products of American industry was credit-
able and gratifying in scope and character. The reports of the United
States Commissioners, giving its results in detail, will be duly laid
before you. Our participa.tion in this international competition for the
favor and the trade of the world may be expected to produce useful
and important results in promoting intercourse, friendship, and com-
merce with other ivTations.

In accordance with the i)rovisions of the act of February 1*8, 1878,
three commissioners were appointed to an international conference on
the subject of adopting a common ratio between gold and silver, for
the purpose of establishing internationally the use of bimetalHc money,
and securing fixity of relative value between those metals.

Invitations were addressed to the various Governments which had
expressed a wilHuguess to participate in its deliberations. The confer-
ence held its meetings in Paris in August last. The report of the
Commissioners, herewith submitted, will shdw its results. Xo common
ratio between gold and silver could be agreed upon by the confer-
ence. The general conckision was reached that it is necessary to
maintain in the workl the monetary functions of silver as well as of
gold, lea\ing the selection of the use of one or the other of these two
metals, or of both, to be made by each State.

Congress having appropriated at its last session the sum of $5,500,000
to pay the award of the Joint Commission at Halifax, if, after corre-
spondence with the British Government on the subject of the con-
formity of the award to the requirements of the treaty and to the terms
of the question thereby submitted to the Commission, the President
shall deem it his duty to make the payment, communications upon
these points were addressed to the British Government through the
Legation of the United States at London. Failing to obtain the con-
currence of the British Government in the views of this Government
respecting the award, I have deemed it my duty to tender tlie sum
named, within the year fixed by the treaty, accompanied by a notice of
the grounds of the ])ayment, and a protest against any other construc-
tion of the same. The correspondence upon this subject will be laid
before you.

124 LETTERS AND MESSAGES.

The Spaiiisli Govoniiueut has officially aiinouuced the termination
of the insnrrection in Cuba, and the restoration of i)eaee throughout
that Island. Confident expectations are expressed of a revival of trade
and prosi)erity, which it is earnestly hoped may i>rove well founded. Nu-
merous claims of American citizens for lelief for injuries or restoration
of i)roperty have been among rlie incidents of the long'-continued hos-
tilities, Some of these claims are in process of adjustment by Spain,
and tlie others are promised earl}- and careful consideration.

The treaty niade with Italy in regard to reciprocal consular privi-
leges has been duly ratified and proclaimed.

Xo questions of grave importance have arisen with any other of the
European Powers.

The Japanese Government has been desirous of a re%'ision of such
parts of its treaties with foreign Powers as relate to commerce, and, it
is understood, has addressed to each of the treaty Powers a request to
open negotiations with that view. The United States Government has
been inclined to regard the nuitter favorably. Whatever restrictions
upon trade with Jajjan are found injimous to that people cannot but
affect injuriously Nations holding commercial intercourse with them.
Japan, after a long period of seclusion, has within the past few years
made rapid strides in the path of enlightenment and progress, and,
not unreasonably, is looking forward to the time when her relations
Avith the Nations of Europe and America shall be assimilated to those
which they hold with each other. A treaty looking to this end has
been made, which will be submitted for the consideration of the Senate.

After an interval of several years, the Chinese Government has again
sent envoys to the United States. They have been received, and a
permanent Legation is now established here by that Government. It
is not doubted that this step will be of advantage to both Nations in
promoting friendly relations and removing causes of difference.

The treaty with the Samoan Islands, having been duly ratified and
accepted on the part of both Governments, is now in operation, and a
survey and soundings of the harbor of Pago-Pago have been made by
a naval vessel of the United States, with a view of its occupation as
a naval station, if found desirable to the service.

Since the resumption of diphmiatic relations Avith Mexico, corre-
spondence has been opened and still continues between the two Gov-
ernments upon the various questions Avhich at one time seemed to
endanger their relations. While no formal agreement has been reached
as to the troubles on the border, much has been done to repress and
diminish them. The effective force of United States troops on the Eio

LETTERS AND MESSAGES. 125

Grande, by a strict and faithful compliance with instructions, has done
much to remove the sources of dispute, and it is now understood that
a like force of Mexican troops on the other side of the river is also
making an energetic movement against the marauding Indian tribes.

This Government looks with the greatest satisfaction upon every
evidence of strength in the National authority of Mexico, and upon every
effort put forth to prevent or to punish incursions upon our territory.
Eeluctant to assume any action or attitude in the control of these incur-
sions by military movements across the border not imperatively de-
manded for the protection of the lives and property of our own citizens,
I shall take the earliest opportunity, consistent with the proper dis-
charge of this plain duty, to recognize the ability of the Mexican
Government to restrain effectively violations of our territory. It is
proposed to hold next year an International Exhibition in Mexico, and
it is believed that the display of the agricultural and manufacturing
products of the two ]N'ations will tend to better understanding and
increased commercial intercourse between their ])eople.

With Brazil, and the Republics of Central and South America, some
steps have been taken toward the development of closer commercial
intercourse. Diplomatic relations have been resumed with Colombia
and with Bolivia. A boundary question between the Argentine Repub-
lic and Paraguay has been submitted by those governments for arbi-
tration to the President of the United States, and I have, after a careful
examination, given a decision i\])(m it.

A naval expedition up the Amazon and Madeira rivers has brought
back information valuable both for scientific and commercial purposes.
A like expedition is about visiting the coast of Africa and the Indian
Ocean. The reports of diplomatic and consular officers in relation to
the development of our foreign commerce have furnished many facts
that have proved of public interest, and have stimulated to practical
exertion the enterjirise of our people.

The report of the Secretary of the Treasurj^ furnishes a detailed
statement of the operations of that Department of the Government,
and of the condition of the i)ublic finances.

The ordinary revenues from all sources for the fiscal year ended
June 30, 1878, were $257,763,878,705 the ordinar}' expenditures for the
saiue period were $230,964,326.80 — leaving a surplus revenue for the
year of $20,709,551.90.

The receipts for the present fiscal year, ending June 30, 1879, actual
and estimated, are as follows : Actual receipts for the first quarter com-
mencing July 1, 1878, $73,389,7-43.43; estimated receipts for the remain-

126 LETTERS AND MESSAGES.

iiig three-quarters of the year, 8191,110,256.37; total receipts for the
current fiscal year, actual and estimated, $264,500,000. The expendi-
tures for the same period will be, actual and estimated, as follows:
For the quarter commenciuj^- Jiily 1, 1878, actual expenditures,
873,311,573.27; and for the remaining- three-quarters of the year the
expenditures are estimated at $100,755,120.73 — making the total ex-
penditures 8240,100,000; and leaving an estimated surplus revenue for
the year ending June 30, 1879, of 824,400,000,

The total receipts during the next fiscal year, ending June 30, 1880,
estimated according to existing laws, will be 8201,500,000; and the esti-
mated ordinary expenditures for the same period will be 8230,320,412.08;
leaving a surplus of $28,179,587.32 for that year.

In the foregoing statements of expenditures, actual and estimated,
no amount is allowed for the sinking-fund provided for by the act ap-
proved February 25, 1862, which requires that one per cent, of the
entire debt of the United States shall be purchased or paid within each
fiscal year, to be set ai)art as a sinking-fund. There has been, however,
a substantial compliance with the conditions of the law. By its terms
the public debt should have been reduced, between 1862 and the close
of the last fiscal year, $518,361,806.28; the actual reduction of the
ascertained debt, in that period, has been 8720,644,739.01; being in ex-
cess of the reduction required by the sinking-fund act — $202,282,033.33.

The amount of the public debt, less cash in the Treasury, Xovember
1, 1878, was $2,021,200,083.18 — a reduction, since the same date last
year, of $23,150,617.39.

The progress made during the last year in refunding the public debt
at lower rates of interest is very gratifying. The amount of four per
cent, bonds sold during the present year prior to ]!Srovember 23, 1878, is
$100,270,900, and six per cent, bonds, commonly known as five-twenties,
to an e<pial amount, have been or will be redeemed as calls mature.

It has been the policy of the Department to place the four per cent,
bonds within easy reach of every citizen who desires to invest his
savings, whether small or great, in these securities. The Secretary of
the Treasury recommends that the law be so modified that small sums
may be invested, and that through the post offices or other agents of
the Government, the freest opportunity may be given in all parts of the
country for such investments.

The best mode suggested is, that the Department be authorized to
issue certificates of deposit, of the denomination of ten dollars, bearing
interest at the rate of 3.65 per cent, per annum, and convertible at any
time within one year after their issue into the four per cent, bonds

LETTERS AND MESSAGES. 127

authorized by the refmidiug act, and to be issued only in exchange for
United States notes sent to the Treasury by mail or otherwise. Such a
provision of law, supported by suitable regulations, would enable any
person readily, without cost or risk, to convert his money into an in-
terest-bearing security of the United States, and the money so received
could be applied to the redemption of six per cent, bonds.

The coinage of gold during the last fiscal year was $52,798,980. The
coinage of silver dollars, under the act passed February 28, 1878^
amounted on the 23d of November, 1878, to $19,814,550; of which
amount $1,981,917 are in circulation, and the balance, $14,829,003, is.
still in the possession of the Government.

With views unchanged with regard to the act under which the coin-
age of silver proceeds, it has been the purpose of the Secretary faith-
fully to execute the law, and to afford a fair trial to the measure.

In the present financial condition of the country, I am persuaded that
the welfare of legitimate business and industry of every description
will be best i)romoted by abstaining from all attempts to make radical
changes in the existing financial legislation. Let it be understood that
during the coming year the business of the country will be undisturbed
by governmental interference with laws affecting it, and we may confi-
dently expect that the resum]ition of specie payments, which will take
l)lace at the appointed time, will be successfully and easily maintained,
and that it will be followed by a healthful and enduring revival of
business prosperity.

Let the healing influence of time, the inherent energies of our people^
and the boundless resources of our country, have a fair opportunity^
and re]i"f from present difiiculties will surely follow.

The report of the Secretary of War shows that the Army has been
well and economically supplied, that our small force has beeij actively
employed, and has faithfully performed all the service required of it.
The morale of the Army has improved, and the number of desertions
has materially decreased during the year.

The Secretary recommends —

1. That a pension be granted to the widow of the late Lieutenant
Henry H. Benner, 18th Infantry, who lost his life by yellow-fever while
in command of the steamer "J. M. Chambers," sent with supplies for
the relief of sufferers in the South from that disease..

2. The establishment of the annuity scheme for the benefit of the
heirs of deceased ofticers, as suggested by the Paymaster- General.

3. The adoption by Congress of a plan for the publication of the
records of the War of the Rebellion, now being prepared for that pur-
pose.

128 LETTERS AND MESSAGES.

4, The increase of the extra 2>c>' (Hem of soldier-teacher.s employed
in post-schools, and liberal appropriations for the erection of buildings
for schools and libraries at the different i)osts.

5. The repeal or amendment of the act of June 18, 1878, forbidding
the "use of the Army as a 2>osse comitatus, or otherwise, for the pur-
pose of executing the laws, except in such cases and under such cir-
cumstances as may be expressly' authorized by the Constitution or by
act of Congress."

G. The passage of a joint resolution of Congress legalizing the issues
of rations, tents, and medicines which were made for the relief of suf-
ferers from yellow-fever.

7. That provision be made for the erection of a fire-proof building for
the preser\ation of certain valuable records, now constantly exposed
to destruction by fire.

These recommendations are all commended to your favorable con-
sideration.

The report of the Secretary of the ^S'avy shows that the ^S'avy has
improved during the last fiscal year. Work has been done on seventy-
five vessels, ten of which have been thoroughly re])aired and made
ready for sea. Two others are in rapid progress towards completion.
The total expenditures of the year, including the amount appropriated
for the deficiencies of the previous year, were $17,468,392.05. The
actual expenses chargeable to the year, exclusive of these deficiencies,
were $13,306,914.09, or $767,199.18 less than those of the previous
year, and $4,928,077.74 less than the expenses, including the defi-
ciencies. The estimates for the fiscal year ending June 30, 1880, are
$14,562,381.45 — exceeding the appropriations of the present year only
$33,949.75; which excess is occasioned by the demands of the Xaval
Academy- and the Marine Corps, as explained in the Secretary's report.
The appropriations for the present fiscal year are $14,528,431.70, which,
in the opinion of the Secretary, will be am^^le for all the current ex-
penses of the Department during the year. The amount drawn from
the Treasury from July 1 to November 1, 1878, is $4,740,544.14, of
which $70,980.75 has been refunded, leaving as the expenditure for
that period $4,669,563.39, or $520,899.24 less than the corresponding
period of the last fiscal year.

The report of the Postmaster-General embraces a detailed state-
ment of the operations of the Post-Oflice Department. The expend-
itures of that Department for the fiscal year ended June 30, 1878,
were $34,165,084.49. The receipts, including sales of stamps, money-
order business, and ofiicial stamps, were $29,277,516.95. The sum of

LETTERS AND MESSAGES. 129

$290,436.90, included iu the foregoing statement of expenditures, is
chargeable to preceding years, so that the actual expenditures for the
fiscal jear ended June 30, 1878, are $33,874,647.50. The amount
drawn from the Treasury on appropriations, in addition to the rev-
enues of the Department, was $5,307,652.82. The expenditures for
the fiscal year ending June 30, 1880, are estimated at $36,571,900, and
the receipts from all sources at $30,664,023.90, leaving a deficiency to
be appropriated out of the Treasury of $5,907,876.10. The report calls
attention to the fact that the comijensation of postmasters and of rail-
roads for carrying the mail is regulated by law, and that the failure of
Congress to appropriate the amounts required for these purposes does
not relieve the Government of responsibility, but necessarily increases
the deficiency bills which Congress will be called upon to pass.

In providing for the postal service, the following questions are pre-
sented : Should Congress annually appropriate a sum for its expenses
largely in excess of its revenues, or should such rates of postage be
established as will make the Department self-sustaining! Should the
postal service be reduced by excluding from the mails matter which
does not pay its way? Should the number of post-routes be dimin-
ished? Should other methods be adopted which will increase the rev-
enues or diminish the expenses of the postal service f

The International Postal Congress, which met at Paris May 1, 1878,
and continued in session until June 4 of the same year, was composed
of delegates fi'om nearly all the civilized countries of the world. It
adopted a new convention to take the place of the treaty concluded at
Berne October 9, 1874; which goes into effect on the 1st of April,
1879, between the countries whose delegates have signed it. It was
ratified and approved, by and with the consent of the President,
August 13, 1878. A synopsis of this Uni'S'ersal Postal Convention
wiU be found in the report of the Postmaster-General, and the full
text in the appendix thereto. In its origin the Postal Union comi)rised
twenty-three countries, having a population of three hundred and fifty
millions of people. On the 1st of April next it will comprise forty-
three countries and colonies, with a population of more than six hundred
and fifty millions of people, and will soon, by the accession of the few
remaining countries and colonies which maintain organized postal
services, constitute, in fact as well as in name, as its new title indi-
cates, a Universal Union, regulating, upon a uniform basis of cheap
postage-rates, the postal intercourse between all civilized Nations.

Some embarrassment has arisen out of the conflict between the cus-
toms laws of this country and the provisions of the Postal Convention
9

130 LKTTKRS AND .MESSAGES.

in regard to tlic transmission of foreij4U books and newspapers to this
country by mail. It is hoped that Congress will be able to devise some
means of reconciling the ditticulties which have thus been created, so
as to do Justice to all parties involved.

The business of the Sui)reme Court, and of the courts in many of the
circuits, has increased to such an extent during the past years that
additional legislation is imperative to relieve and prevent the delay
of justice, and possible oppression, to suitors, which is thus occasioned.
The encumbered condition of these dockets is presented anew iu the
report of the Attorney-General, and the remedy suggested is earnestly
urged for Congressional action. The creation of additional circuit
judges, as proposed, would afford a complete remedy, and would involve
an expense — at the present rate of salaries — of not more than $00,000
a year.

The annual reports of the Secretary of the Interior and of the Com-
missioner of Indian Affairs present an elaborate account of the present
condition of the Indian tribes, and of that branch of the public service
which ministers to their interests. While the conduct of the Indians,
generally, has been orderly, and their relations with their neighbors
friendly and peaceful, two local disturbances have occurred, which
were deplorable in their character, but remained, happily, confined to
a comparatively small number of Indians. The discontent among the
Bannocks, which led first to some acts of violence on the part of some
members of the tribe, and finally to the outbreak, appears to have been
caused by an insufficiency of food on the reservation, and this insuffi-
ciency to have been owing to the inadequacy of the appropriations
made by Congress to the wants of the Indians at a time when the
Indians were prevented from supplying the deficiency by hunting.
After an arduous pursuit by the troops of the United States, and
several engagements, the hostile Indians were reduced to subjection,
and the larger part of them surrendered themselves as prisoners. In
this connection, I desire to call attention to the recommendation made
by the Secretary of the Interior that a sufficient fund be placed at
the disposal of the Executive, to be used, with proper accountability,
at discretion, in sudden emergencies of the Indian service.

The other case of disturbance was that of a band of Northern Chey-
ennes, who suddeidy left their reservation iu the Indian Territory and
marched rajjidly through the States of Kansas and Nebraska, in the
direcition of their old hunting-grounds, committing murders and other
crimes on their way. From documents accompanying the report of the
Secretaiy of the Interior, it appears that this disorderly band was as

LETTERS AND MESSAGES. 131

fully supplied Avitli tlie necessaries of life as the four tbousaud seven
liundred other Indians wLo remained quietly on the reservation, and
that the disturbance was caused by men of a restless and mischievous
disposition among the Indians themselves. Almost the whole of this
band have surrendered to the military authorities, audit is a gratifying
fact that, when some of them had taken refuge in the camp of the Red
Cloud Sioux, A\ith whom they had been in friendly relations, the Sioux
held them as prisoiu'rs, and readily gave them up to the officers of the
United States, thus giving new proof of the loyal spirit which, alarming
rumors to the contrary notwithstanding, they h ive uniformly shown
ever since the wishes they expressed at the conncil of September, 1877,
had been complied with.

Both the Secretary of the Interior and the Secretary of War unite in
the recommendation that provision be nmde by Congress for the organ-
ization of a corps of mounted "Indian auxiliaries," to be under the
control of the Army, and to be used for the purpose of keeping the
Indians on their reservations and preventing or repressing disturbance
on their part, I earnestl}' concur in this recommendation. It is be-
lieved that the organization of such a body of Indian cavalry, receiving
a moderate pay from the Government, would considerably weaken the
restless element among the Indians by withdrawing from it a number
of young men, and giving them congenial employment under the Gov-
ernment, it being a matter of experience that Indians in our service,
almost without exception, are faithful in the performance of the duties
assigned to them. Such an organization would materially aid the Army
in the accomplishment of a task for which its numerical strength is
sometimes found insufficient.

But, while the emi)loyment of force for the prevention or repression
of Indian troubles is of occasional necessity, and wise preparation
should be made to that end, greater reliance must be T)laced on humane
and civilizing agencies for the ultimate solution of what is called the
Indian problem. It may be very difficult, and require much patient
effort, to curb the unruly spirit of the savage Indian to the restraints
of civilized life, but experience shows that it is not impossible. Many
of the tribes which are now quiet and orderly and self-supporting were
once as savage as any that at present roam over the plains or in the
mountains of the far West, and were then considered inaccessible to
civilizing influences. It may be impossible to raise them fully up to the
level of the white population of the United States; but we should not
forget that they are the aborigines of the country, and called the soil
their own on which our people have grown rich, powerful, and happy.

132 LETTERS AND MESSAGES.

We owe it to tbem aa a moral duty to Jielp them in attaining at least
that degree of civilization which they may be able to reach. It is not
only our duty — it is also our interest to do so. Indians who have be-
come agriculturists or herdsmen, and feel an interest in property, will
thenceforth cease to be a warlike and distmbiug element. It is also a
well-authenticated fact that Indians are apt to be peaceable and quiet
when their children are at school, and I am gratified to know, from the
expressions of Indians themselves and from many concurring reports,
that there is a steadily increasing desire, even among Indians belonging
to comparatively wild tribes, to have their children educated. I in-
vite attention to the reports of the Secretary of the Interior and the
Commissioner of Indian Affairs, touching the experiment recently in-
augurated, in taking fifty Indian children, boys and girls, from different
tribes, to the Hampton jSTormal Agricultural Institute, in Virginia,
where they are to receive an elementary English education and train-
ing in agriculture and other useful work, to be returned to their tribes,
after the completed course, as interpreters, instructors, and exami^les.
It is reported that the officer charged with the selection of those chil-
dren might have had thousands of young Indians sent with him had it
been possible to make provision for them. I agree with the Secretary
of the Interior in saying that " the result of this interesting experiment,
if favorable, may be destined to become an important factor in the ad-
vancement of civilization among the Indians."

The question, whether a change in the control of the Indian service
should be made, was, at the last session of Congress, referred to a com-
mittee for inquiry and report. Without desiring to anticipate that
report, I venture to express the hope that in the decision of so impor-
tant a question, the views exjjressed above may not be lost sight of,
and that the decision, whatever it may be, will arrest further agitation
of this subj^t, such agitation being apt to produce a disturbing effect
upon the service as well as on the Indians themselves.

In the enrolment of the biU making appropriations for sundry civil
expenses, at the last session of Congress, that portion which pro\ided
for the continuation of the Hot Springs Commission was omitted. As
the commission had completed the w^ork of taking testimony on the
many contlicting claims, the suspension of their labors, before deter-
mining the rights of claimants, threatened, for a time, to embarrass the
interests, not only of the Government, but also of a large number of
the citizens of Hot Springs, who were waiting for final action on their
claims before beginning (M)ntemplated improvements. In order to pre-
vent serious difficulties, wlii(;h were ai)prehended, and at the solicita-

LETTERS AND MESSAGES. 133

tion of many leading citizens of Hot Springs, and others interested in
the welftire of the town, the Secretary of the Interior was authorized
to request the late commissioners to take charge of the records of their
proceedings, and to perform such work as could properly be done
by them under such circumstances, to facilitate the fature adjudica-
tion of the claims at an early day, and to preserve the status of the
claimants until their rights shall be finally determined. The late com-
missioners complied with that request, and report that the testimony,
in all the cases, has been written out, examined, briefed, and so ar-
ranged as to facilitate an early settlement when authorized by law. It
is recommended that the requisite authority be given at as early a day
in the session as possible, and that a ftiir compensation be allowed the
late commissioners for the expense incurred and the labor performed
by them since the 25th of June last.

I invite the attention of Congress to the recommendations made by
the Secretary of the Interior with regard to the preservation of the
timber on the public lands of the United States. The protection of the
public property is one of the first duties of the Government. The De-
partment of the Interior should, therefore, be enabled, by sufficient
ai)propriations, to enforce the laws in that respect. But this matter
appears still more important as a question of public economy. The
rapid destruction of our forests is an evil fraught with the gravest con-
sequences, especially in the mountainous districts, where the rocky
slopes, once denuded of their trees, will remain so forever. There the
injury, once done, cannot be repaired. I fully concur with the Secre-
tary of the Interior in the opinion that, for this reason, legislation
touching the public timber in the mountainous States and Territories
of the West, should be especially well considered, and that existing
law^s, in which the destruction of the forests is not sufficiently guarded
against, should be speedily modified. A general law concerning this
important subject a]>pears to me to be a matter of urgent public neces-
sity.

From the organization of the Government, the importance of encour-
aging, by all possible means, the increase of our agricultural produc-
tions has been acknowledged and urged upon the attention of Congress
and the people as the surest and readiest means of increasing our sub-
stantial and enduring prosj)erity.

The words of Washington are as applicable to-day as when, in his
eighth annual message, he said: "It is not to be doubted that, with
reference either to individual or national welfare, agriculture is of pri-
mary importance. In proportion as Nations advance in population and

134 LETTERS AND MESSAGES.

Other circumstances of maturity, tliis truth becomes more apparent,
and renders the cultivation of the soil more and more an object of pub-
lic patronage. Institutions for promoting it grow up, supported by the
public purse — and to what object can it be dedicated with greater i)ro-
priety? Among the means which have been employed to this end,
none have been attended with greater success than the establishment
of boards composed of proper characters, charged with collecting and
difitusing information, and enabled, by premiums and small pecuniary-
aids, to encourage and assist the spirit of discover^' and improvement,
tliis si)eeies of establishment contributing doubly to the increase of
improvement by stimulating to enterprise and experiment, and by
drawing to a common centre the results everywhere of individual skill
and observation, and spreading them thence over the whole Nation.
Experience accordingly hath shown that they are very cheap instru-
ments of immense national benefit."

The great preponderance of the agricultural over any other interest
in the United States, entitles it to all the consideration claimed for it
by Washington. About one-half of the i)opulation of the United States
is engaged in agriculture. The value of the agricultural products of
the United States for the year 1878 is estimated at three thousand mil-
lions of dollars. The exports of agricultural products for the year 1877,
as appears from the report of the Bureau of Statistics, were five hun-
dred and twenty-four millions of dollars. Tbe great extent of onr
country, with its diversity of soil and climate, enables u.s to ])ro(luce
within our own borders, and by our own labor, not only the necessa-
ries but most of the luxuries that are consumed in civilized countries.
Yet, notwithstanding our advantages of soil, cliuuite, and intercommu-
nication, it appears from the statistical statements in the rei)ort of the
Commissioner of Agriculture, that we import annually irom foreign
lands many millions of dollars' worth of agricultural products which
could be raised in our own country.

Numerous questions arise in the practice of advanced agriculture
which can only be answered by experiments, often costly and some-
times fruitless, which are beyond the means of private individuals, and
are a just and proper charge on the whole Nation for the benefit of the
Nation. It is good policy, especially in times of depression and uncer-
tainty in other business pursuits, with a vast area of uncultivated, and
hence unproductive territory, wisely opened to homestead settlenuMit,
to encourage, by every proper and legitimate means, the occupation
and tillage of the soil. The efforts of the Department of Agriculture
to stimidate old and introduce new agricultural industries, to improve

LETTERS AN]) MESSAGES. 135

the quality and increase the quantity of our products, to determine the
value of okl or establish the importance of new methods of culture, are
worthy of your careful and favorable consideration, and assistance by
such api)ropriations of money and enlargement of facilities as may
seem to be demanded by the present favorable conditions for the growth
and rapid develoi)ment of this important interest.

The abuse of animals in transit is widely attracting public attention.
A national convention of societies specially interested in the subject
has recently met at Baltimore, and the facts developed, both in regard
to cruelties to animals and the effect of such cruelties upon the public
health, would seem to demand the careful consideration of Congress,
and the enactment of more efiQcient laws for the prevention of these
abuses.

The report of the Commissioner of the Bureau of Education shows
very gratifying progress throughout the country, in all the interests
committed to the care of this important office. The report is especially
encouraging with respect to the extension of the advantages of the
common-school system, in sections of the country where the general
enjoyment of the privilege of free schools is not yet attained.

To education more than to any other agency we are to look, as the
resource for the advancement of the people in the requisite knowledge
and appreciation of their rights and responsibilities as citizens, and I
desire to repeat the suggestion contained in my former message in
behalf of the enactment of appropriate measures by Congress for the
purpose of supplementing, with national aid, the local systems of edu-
cation in the several States.

Adequate accommodations for the great library, which is overgrow-
ing the capacity of the rooms now occupied at the Capitol, should be
provided without further delay. This invaluable collection of books,
raanuscripts, and illustraiive art, has grown to such proportions, in
connection with the copyright system of the country, as to demand the
prompt and careful attention of Congress, to save it from injury in its
present crowded and insufficient quarters. As this library is national
in its character, and nuist, from the nature of the case, increase even
more rapidly in the future than in the past, it cannot be doubted that
the i)eople will sanction any wise expenditure to preserve it and to
enlarge its usefulness.

The appeal of the Regents of the Smithsonian Institution tor the
means to organize, exhibit, and make available for the public benefit
the articles now stored away belonging to the N^ational Museum, I
heartily recommend to your favorable consideration.

136 LETTERS AND MESSAGES.

The attenticm of Congress is again invited to the condition of tlie
river-front of the city of Wasliington. It is a matter of vital impor-
tance to the health of the residents of the Xational Capital, both tem-
porary and permanent, that the low lands in front of the city, now
subject to tidal overflow, should be reclaimed. In their present condi-
tion these flats obstruct the drainage of the city, and are a dangerous
source of malarial i)oison. The reclamation will improve the naviga-
tion of the river by restricting and consequently deepening its chan-
nel, and is also of importance, when considered in connection with the
extension of the public ground and the enlargement of the park west
and south of the Washington Monument. The report of the board of
survey, heretofore ordered by act of Congress, on the improvement of
the harbor of Washington and Georgetown, is respectfully commended
to consideration.

The report of the Commissioners of the District of Columbia presents
a detailed statement of the affairs of the District.

The relative expenditures by the United States and the District for
local purposes is contrasted, showing that the expenditures by the
people of the District greatly exceed those of the General Government.
The exhibit is made in connection with estimates for the requisite re-
pair of the defective pavements and sewers of the city, which is a- work
of immediate necessity; and, in the same connection, a plan is presented
for the permanent funding of the outstanding securities of the Dis-
trict.

The benevolent, reformatory, and penal institutions of the District
are all entitled to the favorable attention of Congress. The Reform
School needs additional buildings and teachers. Appropriations which
will ])lace all of these institutions in a ccmdition to become models of
usefulness and beneticence, will be regarded by the country as liber-
ality wisely bestowed.

The Commissioners, with evident justice, request attention to the
discrimination made by Congress against the District in the donation
of land for the sui)port of the public schools, and ask that the same
liberality that has been shown to the inhabitants of the various States
and Territories of the United States may be extended to the District
of Columbia.

The Commissioners also invite attention to the damage inflicted upon
public and private interests by the present location of the depots and
switching-tracks of the several railroads entering the city, and ask for
legislation looking to their removal. The recommendations and sug-
gestions contained in the report will, I trust, receive the careful con-
sideration of Congress.

LETTERS AND MESSAGES. 137

Sufficient time lias, perhaps, not elapsed since the reorganization of
government of the District, under the recent legislation of Congress,
for the expression of a confident opinion as to its successful operation y
but the practical results already attained are so satisfactory that the
friends of the new government may well urge upon Congress the
wisdom of its continuance, without essential modification, until, by
actual experience, its advantages and defects may be more fully ascer-
tained.

E. B. HAYES.

Executive Mansion, December 2, 1878.

M:ESSA.aE

SENATE OF THE UNITED STATES, TRANSMITTING INFORMATION CON-
CERNING POSTAL AND COMMERCIAL INTERCOURSE BETWEEN
THE UNITED STATES AND SOUTH AMERICAN COUNTRIES.

DECEMBER 17, 1878.

MESSAGE.

To THE Senate of the United States:

In answer to the resolution of the Senate of the 5th instant, request-
ing the transmission to the Senate of " any information which may have
been received by the Departments concerning postal and commercial
intercourse between the United States and South American countries,
together with any recommendations desirable to be submitted of meas-
ures to be adopted for facilitating and improving such intercourse," I
transmit herewith reports from the Secretary of State and the Postmas-
ter-General, with accompanying papers.

The external commerce of the United States has for many years been
the subject of solicitude, because of the outward drain of the precious
metals it has caused. For fully twenty years previous to 1877, the ship-
ment of gold was constant and heavy, so heavy during the entire period
of the suspension of specie payments as to preclude the hope of resump-
tion safely during its continuance. In 1876, however, vigorous efforts
were made by enterprising citizens of the country, and have since been
continued, to extend our general commerce with foreign lands, espe-
cially in manufactured articles, and these efforts have been attended
with very marked success.

The importation of manufactured goods was at the same time reduced
in an equal degree, and the result has been an extraordinary reversal
of the conditions so long prevailing, and a complete cessation of the
outward drain of gold. The official statement of the values represented
in foreign commerce Avill show the unprecedented magnitude to which
the movement has attained, and the protection thus secured to the
public interests at the time when commercial security has become indis-
pensable.

The agencies through which this change has been effected must be
maintained and strengthened, if the future is to be made secure. A
return to excessive imports, or to a material decline in export trade,
would render possible a return to the former condition of adverse bal-
ances, with the inevitable outward drain of gold as a necessary conse-
quence. Every element of aid to the introduction of the products of
our soil and manufactures into new markets should be made available.

142 LETTERS AND MESSAGES.

At present, sucli is the favor in which nuinj' of the products of the
United States are hekl, that they obtain a renmnerative distribution,
notwithstanding positive differences of cost resulting from our defective
sliipping, and the imperfection of our arrangements in every respect,
in comparison with those of our comijetitors, for conducting trade with
foreign markets.

If we liave equal commercial facilities we need not fear competition
anywhere.

Tlie laws have now directed a resumption of financial equality with
other Nations, and have ordered a return to the basis of coin values.
It is of the greatest importance that the commercial condition now for-
tunately attained shall be made permanent, and that our rapidly in-
creasing export trade shall not be allowed to suffer for want of the
ordinary means of communicati<m with other countries.

The accompanying reports contain a valuable and instructive sum-
mary of information with respect to our commercial interests in South
America, where an inviting field for the enterprise of our people is pre-
sented. They are transmitted with the assurance that any measures
that may be enacted in furtherance of these important interests will
meet with my cordial approval.

E. B. HAYES.

ExECi^TiVE Mats^sion, December 17, 1878.

To THE President:

The Secretary of State, to whom was referred the resolution of the
Senate of the 5th instant, requesting the President to transmit to the
Senate "any information which may have been received by the De-
partments concerning postal and commercial intercourse between the
United States and South American countries, together with any recom-
mendations desirable to be adopted for facilitating and improving such
intercourse," has the honor to lay before the President copies of des-
patches from the diplomatic agents of the United States accredited to
the Governments of South America, touching the subject-matter of the
resolution ; and also, as coming within the purview thereof, copies of
a report and its annexes, presented to this Department by Mr. J. W.
Fralick, upon his return from an extended journey through the leading
States of South America. * * *

With reference to the request of the Senate for " any recommenda-
tions desirable to be submitted of measures to be adopted for facilitat-
ing and impro^ing" postal and commercial intercourse, the Secretary

LETTERS AND MESSAGES. 145

of State, without eutering into an extended discussion of the very im.
portant and interesting- topics suggested by the papers submitted,
respectfully calls attention to certain manifest conclusions which all
these reports tend to support.

I. It seems to be very evident that the provision of regular steam
postal communication, by aid from Government, has been the forerunner
of the commercial predominance of Great Britain in the great marts of
Central and South America, both on the Pacific and Atlantic coasts of
the continent. It is no less apparent that the eftbrts of other European
Nations, Germany, France, and Italy, to share in this profitable trade
have been successful in proportion with their adoption of regular steam
postal communication with the several markets whose trade they
sought.

II. These papers show, also, that the enterprise and sagacity thus,
shown by European aSratious have actually reversed the advantage which
our geographical position gives us in relation to this extensive com-
merce of the American hemisphere. The commercial correspondence
of our merchants with the trading points on the east and west coasts
crosses the Atlantic twice to make a jiostal connection in a circuit of
trade which has its beginning and its end on our own continent. The
statistics of our limited trade under this extraordinary disadvantage,,
show that the growing preference for our products in these South
American markets insist upon being gratified, even at the cost of a.
circuit of importation which carries our merchandise to Europe and
incorporates it as a contribution to the volume and the i)rofits of Eu-
ropean South American trade. No stronger demonstration of the ten-
dency of commerce to follow in the train of postal communication can
be conceived than this vast and expensive circuit of importation resorted
to in default of direct opportunities between the countries of demand
and supply.

III. It would seem from these reports that the merchants and the
comnumities, no less than the Governments, of these countries strongly
desire an enlargement of direct trade with the United States. With
all the advantages of foreign commerce supplied by the existing Eu-
ropean arrangements for its prosecution, these markets perceive that
this unnatural circuit, when the resources of the United States could
sui>ply a direct trade in its place, must be at the expense of the party
subjected to the system and the profit of the party which administers
and controls it. Everywhere there is shown a great desire to expand
their trade with the United States, and even the least prosperous,
exchequers of these Governments are ready to be opened to share in

144 LETTERS AND MESSAGES.

the expenses of steam postal communications, of whose value in pro-
moting foreign commerce their own experience furnishes irrefragable
proof.

IV. While mfiny less immediate and less simple measures, about
which judgments may not readily concur, may jiroperiy be canvassed
by our people, now eager for a restoration and extension of foreign
commerce, ux)on this one simple and first step of direct, regular, and
frequent steam j^ostal communication between the United States and
the principal commercial ports of Central and South America there
would seem to be no room for doubt.

If this be so, it is obviously the dictate of interest and duty, on the
part of the Government, to promote by every just and appropriate
means the attainment of this first and principal agency for the desired
expansion of our foreign commerce. It is difficult to understand how
this commencement and development of an ocean postal system, to be
a forerunner of the expected trade, can be wholly trusted to the mere
interests of mercantile combinations.

The Governments of the foreign States with wliich this commerce
is to be opened are ready to take their part in the public expense of
this postal communication with us, and the participation or non-parti-
cipation by the United States in this public expense seems to be the
turning-point in the acceptance or rejection of the reciprocal trade now
proffered us.

WM. M. EVAKTS.

Department of State,

Washington, December 17, 1878.

TO THE

SENATE OF THE UNITED STATES, TRANSMITTING A LETTER FROM THE
SECRETARY OF THE TREASURY, WITH ACCOMPANYING DOCU-
MENTS, RELATING TO THE NEW YORK CUSTOM-HOUSE.

JANUARY 31, 1879.

MESSAGE.

To THE Senate:

I transmit herewith a letter of the Secretary of the Treasury, in rela-
tion to the suspension of the late collector and naval officer of the port
of New York, with accompanying documents.

In addition thereto I respectfully submit the following observations:
The custom-house in New York collects more than two-thirds of all
the customs revenues of the Government. Its administration is a mat-
ter not of local interest merely, but is of great importance to the people
of the whole country. For a long period of time it has been used to
manage and control political affairs. The officers suspended by me
are, and for several years have been, engaged in the active personal
management of the party politics of the city and State of New York.
The duties of the offices held by them have been regarded as of sub-
ordinate importance to their partisan work. Their offices have been
conducted as part of the political machinery under their control. They
have made the custom-house a centre of partisan political manage-
ment.

The custom-house should be a business office. It should be con-
ducted on business principles. General James, the postmaster of New
York city, writing on the subject, says: "The post office is a business
institution, and should be run as such. It is my deliberate judgment
that I and my subordinates can do more for the party of om- choice by
giving the people of this city a good and efficient postal service than
by controlling primaries or dictating nominations." The New York
custom-house should be placed on the same footing with the New York
post office. But under the suspended officers the custom-house would
be oue of the principal x^olitical agencies in the State of New York.
To change this, they profess to believe, would be, in the language of
Mr. Cornell, in his response, "to surrender their personal and political
rights."

Convinced that the people of New York, and of the country gen-
erally, wish the New York custom-house to be administered solely with
a view to the public interest, it is my purpose to do all in my power to
introduce into this great office the reforms which the country desires.

LETTERS AND MESSAGES.

With my information of the facts in the case, and with a deep sense
of the responsible obligation imposed upon me by the Constitution, to
"take care that the laws be faithfully executed," I regard it as my plain
duty to suspend the officers in question, and to make the nominations
now before the Senate, in order that this important office may be hon-
estly and efficiently administered.

E. B. HAYES.

Executive Mansion, January 31, 1879.

LETTER

GENERAL E. A. MEERITT, OOLLEOTOE OF CUSTOMS,
NEW YOEK CITY.

FEBRUARY 4, 1879.

LETTER

Executive Mansion,

Washington, February 4, 1879.

Dear General : I congratulate you on your confirmation. It is a
great gratification to your friends, very honorable to you, and will
prove, I believe, of signal service to the country.

My desire is that your office shall be conducted on strictly business
principles, and according to the rules which were adopted, on the rec-
ommendation of the Civil- Service Commission, by the administration of
General Grant. In making appointments and removals of subordinates,
you sliould be perfectly independent of mere influence. Neither my
recommendation nor that of the Secretary of the Treasury, nor the
recommendation of any member of Congress, or other influential person,
should be specially regarded. Let appointments and removals be made
on business principles, and by fixed rules. There must be, I assume, a
few places the duties of which are confidential, and which should be
filled by those whom you personally know to be trustworthy; but re-
strict the area of patronage to the narrowest possible limits. Let no
man be put out merely because he is a friend of the late collector, and
no man be put in merely because he is our friend. I am glad you ap-
prove of the message sent to the Senate. I wish you to see that aU
that is expressed in it, and all that is implied in it, is faithfully carried
out.

With the assurance of my entire confidence,

I remain, sincerely,

R. B. HAYES.

General E. A. Merritt,

Collector of Customs, New Yorlc.

]M E S S ^ GT E

RETURNING TO

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT TO

RESTRICT THE IMMIGRATION OF CHINESE TO THE

UNITED STATES."

MARCH 1, 1879.

MESSAGE

To THE House of Representatives:

After a very careful consideration of House bill No. 2423, entitled
"An act to restrict the immigration of Chinese to the United States,'^
I herewith return it to the House of Eepresentatives, in which it origi-
nated, with my objections to its passage.

The bill, as it was sent to the Senate from the House of Representa-
tives, was confined in its provisions to the object named in its title,
which is that of "An act to restrict the immigration of Chinese to the
United States." The only means adopted to secure the proposed ob-
ject was a limitation on the number of Chinese passengers which might
be brought to this country by any one vessel to fifteen, and as this
number was not fixed in any proportion to the size or tonnage of the
vessel, or by any consideration of the safety or the accommodation of
these passengers, the simple purpose and effect of the enactment were
to repress this immigration to an extent falling but little short of its
absolute exclusion.

The bill, as amended in the Senate and now presented to me, in-
cludes an independent and additional provision which aims at, and in
terms requires, the abrogation by this Government of articles 5 and 6
of the treaty with China, commonly called the Burlingame treaty,
through the action of the Executive enjoined by this provision of the
act.

The Burlingame treaty, of which the ratifications were exchanged at
Peking, November 23, 18C9, recites as the occasion and motive of its
negotiation by the two Governments that "since the conclusion of the
treaty between the United States of iVmerica and the Ta Tsing Empire
(China) of the 18th of June, 1858, circumstances have arisen showing the
necessity of additional articles thereto," and proceeds to an agreement
as to said additional articles. These negotiations, therefore, ending by
the signature of the additional articles July 28, 18G8, had for their object
the completion of our treaty rights and obligations toward the Gov-
ernment of China by the incorporation of these new articles as, thence-
forth, parts of the principal treaty to which they are made supplemental.
Upon the settled rules of interjiretation apjdicable to such supple-
mental negotiations, the text of the principal treaty and of these "addi-

156 LETTERS AND MESSAGES.

tional articles tliereto" constitute one treaty, from the conclusion of the
new negotiations, in all parts of equal and concurrent force and obli-
gation between the two Governments, and to all intents and purposes
as if embraced in one instrument.

The principal treaty, of which the ratifications were exchanged Au-
gust IG, 1859, recites that " the United States of America and the Ta
Tsing Empire desiring to maintain firm, lasting, and sincere friendship,
have resolved to renew, in a manner clear and positive, by means of a
treaty or general convention of peace, amity, and commerce, the rules
of which shall in future be mutually observed in the intercourse of their
respective countries," and j)i'Oceeds, in its thirty articles, to lay out a
careful and comprehensive system for the commercial relations of our
people with China. The main substance of all the provisions of this
treaty is to define and secure the rights of our people in respect of
access to, residence and protection in, and trade with China. The
actual provisions in our favor, in these respects, were framed to be, and
have been found to be, adequate and appropriate to the interests of our
commerce, and by the concluding article we receive the important
guarantee, " that should at any time the Ta Tsing Emi)ire grant to any
Nation, or the merchants or citizens of any Nation, any right, privilege,
or favor connected either with navigation, commerce, political or
other intercourse which is not conferred by this treaty, such right,
privilege, and favor shall at once freely inure to the benefit of the
United States, its public officers, merchants, and citizens." Against
this body of stipulations in our favor, and this permanent engagement
of equality in respect of all future concessions to foreign Nations, the
general promise of permanent peace and good offices on our jiart seems
to be the only equivalent. For this the first article untlertakes as fol-
lows : "There shall be, as there have always been, i)eace and friendship
between the United States of America and the Ta Tsing Emi»ire, and
between their peojde res])ectiv^ely. They shall not insult or oppress
each other for any trifling cause, so as to produce an estrangement be-
tween them ; and if any other Nation should act unjustly or oppressively,
the United States will exert their good offices, on being informed of
the case, to bring about an amicable arrangement of the <iuestion, thus
showing their friendly feelings."

At the date of the negotiation of this treaty our Pacific possessions
had attracted a considerable Chinese immigration, and the advantages
and the inconveniences felt or feared therefrom had become more or
less manifest, but they dictated no stipulations on the subject to be
incorporated in the treaty. The year 1S()8 was niaiked by the striking

LETTERS AND MESSAGES. 157

event of a spontaneous embassy from the Chinese Empire, lieaded by
an American citizen, Anson Bnrlin^ame, who liad relinquished his
diplomatic representation of his own country in China to assume that
of the Chinese Empire to the United States and the European i^ations.
By this time the facts of the Chinese immigration and its nature and
intluences, present and prospective, had become more noticeable, and
were more observed by the population immediately aftected, and by
this Government. The principal feature of the Burlingame treaty was
its attention to and its treatment of the Chinese immigration and the
Chinese as forming, or as they should form, a part of our population.
Up to this time our uncovenanted hospitality to immigration, our fear-
less liberality of citizenship, our equal and com])rehensive justice to all
inhabitants, whether they abjured their foreign nationality or not, our
civil freedom and our religious toleration, had made all comers wel-
come, and under these protections the Chinese, in considerable num-
bers, had made their lodgment upon our soil.

The Burlingame treaty undertakes to deal with this situation, and
its fifth and sixth articiles embrace its most important i)rovisions in this
regard, and the main stipulations in which the Chinese Government
has secured an obligatory protection of its subjects within our territory.
They read as follows :

"Article V. The United States of America and the Kmi)eror of
China cordially recognize the inherent and inalienable right of nmn to
change his home an<l allegiance, and also the nuitual advantage of the
free migration and emigration of their citizens and subjects respectively
from the one country to the other for i)urposes of curiosity, of trade, or
as permanent residents. The high contracting parties, therefore, join
in reprobating any other than an entirely voluntary emigration for
these purposes. They consequently agree to pass laws nuiking it a
penal oftence for a citizen of the United States or Chinese subjects to
take Chinese subjects either to the United States or to any other for-
eign country, or Ibr a Chinese subject or citizen of the United States
to take citizens of the United States to China or to any other foreign
country without their free and voluntary consent, respectively.

"Article VI. Citizens of the United States visiting or residing in
China shall enjoy the same privileges, imnuinities, or exemptions, in
respect to travel or residence, as may there be enjoyed by the citizens
or subjects of the most favored Nation; and, reciprocally, Chinese sub-
jects visiting or residing in the United States shall enjoy the same
"privileges, immunities, and exemptions, in respect to travel or residence,
as may there be enjoyed by the citizens or subjects of the most favored
Nation. But nothing herein contained shall be held to confer naturali-
zation upon citizens of the United States in China, nor upon the sub-
jects of China in the United States."

An examination of these two articles, in the light of the experience
then influential in suggesting their "necessity," will show that the

158 LETTERS AND MESSAGES.

fifth article was framed in hostility to what seemed the principal mis-
chief to be guarded against, to wit, the introduction of Chinese laborers
by methods which should have the character of a forced and servile
importation, and not of a voluntary emigration of freemen seeking our
shores ui)on motives and in a manner consonant with the system of our
institutions and approved by the experience of the Kation. Unques-
tionably the adhesion of the Government of China to these liberal prin-
ciples of freedom in emigration, with which we were so familiar, aud
with which we were so well satisfied, was a great advance toward open-
ing that Empire to our civilization and religion, and gave promise in
the future of greater and greater practical results in the diffusion
throughout that great population of our arts aud industries, our manu-
factures, our material improvements, and the sentiments of government
and religion, which seem to us so important to the welfare of mankind.
The first clause of this article secures this acceptance by China of the
American doctrines of free migration to and fro among the peoples and
races of the earth.

The second clause, however, in its reprobation of "any other than
entirely voluntary emigration" by both the high contracting parties,
and in the reciprocal obligations, whereby we secured the solemn and
unqualified engagement on the part of the Government of China "to
pass laws making it a penal offence for a citizen of the United States
or Chinese subjects to take Chinese subjects either to the United States
or to any other foreign country without their free and voluntary con-
sent," constitutes the great force and value of this article. Its impor-
tance, both in principle and in its practical service toward our protec-
tion against servile importation in the guise of immigration, cannot be
over-estimated. It commits the Chinese Government to active and
efficient measures to suppress this iniquitous system where those meas-
ures are most necessary and can be most effectual. It gives to this
Government the footing of a treaty right to such measures and the
means and opportunity of insisting upon their adoption, and of com-
plaint and resentment at their neglect. The fifth article, therefore, if
it fall short of what the pressure of the later exi)erience of our
I*acific States may urge upon the attention of this Government as essen-
tial to the public welfare, seems to be in the right direction, and to con-
tain important advantages, which, once relinquished, cannot be easily
recovered.

The second topic which interested the two Governments under the
actual condition of things which prompted the Burlingame treaty was
adequate protection under the solemn and definite guarantees of a

LETTERS AND MESSAGES. 159

treaty of the Chinese already in this country and those who should seek
our shores. This was the object and forms the subject of the sixth
article, by whose reciprocal engagement the citizens and subjects of
the two Governments, respectively, visiting or residing in the country
of the other, are secured the same privileges, immunities, or exemp-
tions, there enjoyed by the citizens or subjects of the most favored
Nations. The treaty of 1858, to which these articles are made supple-
mental, provides for a great amount of privilege and protection, both
of person and property, to American citizens in China; but it is upon
this sixth article that the main body of the treaty-rights and securities
of the Chinese already in this country depends. Its abrogation, were
the rest of the treaty left in force, would leave them to such treatment
as we should voluntarily accord them by our laws and customs. Any
treaty obligation would be wanting to restrain our liberty of action
toward them, or to measure or sustain the right of the Chinese Govern-
ment to complaint or redress in their behalf.

The lapse of ten years since the negotiation of the Burlingame treaty
has exhibited to the notice of the Chinese Government, as well as to
our owu people, the working of this experiment of immigration in great
numbers of Chinese laborers to this country, and their maintenance
here of all the traits of race, religion, manners and customs, habita-
tions, mode of life, and segregation here, and the keeping up of the
ties of their original home, which stamp them as strangers and sojourn-
ers, and not as incorporated elements of our national life and growth.
This experience may naturally suggest the reconsideration of the sub-
ject, as dealt with by the Burlingame treaty, and may properly become
the occasion of more direct and circumspect recognition, in renewed
negotiations, of the difiiculties surrounding this political and social
problem. It may well be that, to the apprehension of the Chinese
Government, no less than our own, the simple pro\isions of the Burlin-
game treaty may need to be replaced by more careful methods, secur-
ing the Chinese and oiu-selves against a larger and more rapid infusion
of this foreign race than our system of industry and society can take
up and assimilate with ease and safety. This ancient Government,
ruling a polite and sensitive people, distinguished by a high sense of
national pride, may properly desire an adjustment of their relations
with us, which would in all things confirm, and in no' degree endanger,
the permanent peace and amity and the growing commerce and pros-
perity, which it has been the object and the effect of our existing treaties
to cherish and perpetuate.
I regard the very grave discontents of the people of the Pacific

160 LETTERS AND MESSAGES.

States with the present working of the Chinese immigration, and their
still graver apprehensions therefrom in the future, as deserving the
most serious attention of the people of the whole country, and a solicit-
ous interest on the part of Congress and the Executive. If this were
not my own judgment, the passage of this bill by both Houses of Con-
gress would impress upon me the seriousness of the situation, when a
majority of the representatives of the people of the whole country had
thought it to justify so serious a measure of relief.

The authority of Congress to terminate a treaty with a foreign power
by exj>ressing the will of the Nation no longer to adhere to it, is as free
from controversy under our Constitution as is the further proposition
that the power of making new treaties or modifying existing treaties is
not lodged by the Constitution in Congress, but in the President, by
and with the advice and consent of the Senate, as shown by the con-
currence of two-thirds of that body. A denunciation of a treaty hy any
Government is, confessedlj^ justifiable only upon some reason both of
the highest justice and of the highest necessity. The action of Con-
gress in the matter of the French treaties, in 1879, if it be regarded as
an abrogation by this Nation of a subsisting treaty, strongly illustrates
the character and degree of justification which was then thought suit-
able to such a proceeding. The preamble of the act recites that " the
treaties concluded between the United States and France have been
repeatedly \dolated on the iiart of the French Government, and the just
claims of the United States for reparation of the injuries so committed
have been refused, and their attempts to negotiate an amicable adjust-
ment of all complaints between the two Nations have been repelle<l with
indignity ;" and that '' under authority of the French Government there
is yet pursued against the United States a system of predatory vio-
lence, infracting the said treaties, and hostile to the rights of a free
and independent Nation."

The enactment, as a logical conseipience of these recited facts, de-
clares that the United States are of right freed and exonerated from
the stipulations of the treaties and of the consular convention hereto-
fore concluded between the United States and France, and that the
same shall not henceforth be regarded as legally obligatory on the
Government or citizens of the United States."

The history of the Government shows no other instance of an abroga-
tion of a treaty by Congress.

• Instances have sometimes occurred where the ordinary legislation of
Congress has, by its conflict with some treaty obligation of the Govern-
ment toward a foreign Power, taken effect as an infraction of the treaty,

LETTERS AND MESSAGES. 161

and been judicially declared to be operative to that result. But neither
such legislation nor such judicial sanction of the same has been re-
garded as an abrogation, even for the moment, of the treaty. On the
contrary, the treaty in such case still subsists between the Govern-
ments, and the casual infraction is repaired by api^ropriate satisfaction
in maintenance of the treaty.

The bill before me does not enjoin upon the President the abrogation
of the entire Burlingame treaty, much less of the principal treaty of
which it is made the supplement. As the power of modifying an exist-
ing treaty, whether by adding or striking out provisions, is a part <^f
the treaty-making power under the Constitution, its exercise is not com-
petent for Congress; nor would the assent of China to this partial abro-
gation of the treaty make the action of Congress, in thus procuring an
amendment of a treaty, a competent exercise of authority under the
Constitution. The importance, however, of this special consideration
seems superseded by the principle that a denunciation of a part of a
treaty, not made by the terms of the treaty itself separable from the
rest, is a denunciation of the whole treaty. As the other high contract-
ing party has entered into no treaty obligations except such as inchule
the part denounced, the denunciation by one party of the part neces-
sarily^ liberates the other party from the whole treaty.

I am convinced that, whatever urgency might in any quarter or by
any interest be supposed to require an instant suppression of further
emigration from China, no reasons can require the immediate with-
drawal of our treaty protection of the Chinese already in this country,
and no circumstances can tolerate an exposure of our citizens in China,
merchants or missionaries, to the consequences of so sudden an abro-
gation of their treaty protections. Fortunately, however, the actual
recession in the flow of the emigration from China to the Pacific coast,
shown by trustworthy statistics, relieves us from any apprehension that
the treatment of the subject in the proper course of diplomatic nego-
tiations will introduce any new features of discontent or disturbance
among the communities directly affected. Were such delay fraught
with more inconveniences than have ever been suggested by the in-
terests most earnest in promoting this legislation, I cannot but regard
the summary disturbance of our existing treaties with China as greatly
more inconvenient to much wider and more permanent interests of the
country.

I have no occasion to insist upon the more general considerations of
interest and duty which sacredly regard the faith of the Nation in
whatever form of obligation it may have been given. These sentiments
11

162 LETTERS AND MESSAGES.

animate the deliberations of Congress and jjervade the minds of our
whole people. Our history gives little occasion for any reproach in this
regard, and in asking the renewed attention of Congress to this bill, I
am persuaded that their action will maintain the public duty and the
public honor.

E. B. HAYES.
Executive Mansion, March i, 1879.

LETTERS AND MESSAGES. 163

After mature consideration of House bill No. 2423, entitled "An act
to restrict the immigration of Chinese to the United States," I am con-
strained by my convictions of duty to return it, with my objections to
its passage, to the House of Representatives, in which it originated.

The seventh section of the bill is as follows :

" That this act shall take effect from and after the 1st day of July,
1879; and the President of the United States shall, immediately on the
approval of this act, give notice to the Government of China of the ab-
rogation of the articles 5 and 6 of the additional articles of the treaty
of June 18, 1858, between the United States and China, proclaimed
February 5, 1870, commonly called the Burlingame treaty."

The following- are the articles of the treaty between the United States
and China named in the foregoing section of the bill, and which, by its
approval, would be immediately abrogated, viz:

"Article V. The United States of America and the Emperor of
China cordially recognize the inherent and inalienable right of man to
change his home and allegiance, and also the mutual advantage of the
free migration and emigration of their citizens and subjects, respec-
tively, from the one country to the other, for purposes of curiosity, of
trade, or as permanent residents. The high contracting parties, there-
fore, join in reprobating any other than an entirely voluntary emigra-
tion for these purposes. They consequently agree to pass laws making
it a penal offence for a citizen of the United States or Chinese subjects
to take Chinese subjects either to the United States or to any other
foreign country, or for a Chinese subject or citizen of the United States
to take citizens of the United State's to China or to any other foreign
country without their free and voluntary consent, respectively.

"Article VI. Citizens of the United States visiting or residing in
China shall enjoy the same privileges, immunities, or exemptions, in
respect to travel or residence, as may there be enjoyed by the citizens
or subjects of the most favored Nation; and, reciprocally, Chinese sub-
jects visiting or residing in the United States shall enjoy the same
privileges, immunities, and exemptions, in respect to travel or resi-
dence, as may there be enjoyed by the citizens or subjects of the most
favored Nation. But nothing herein contained shall be held to confer
naturalization upon citizens of the United States in China, nor upon
the subjects of China in the United States."

The Burlingame treaty of 18G8, which contains the foregoing articles,
was, as its title shows, an addition to the treaty of 1858, commonly
known as the Eead treaty, and, together with that treaty, establishes
and regidates the present relations between this country and China.
These treaty relations were not formed on the solicitation of that Em-
pire. They are of our seeking, and are the work of our own statesmen.
Mr. Burlingame was sent to China as minister of the United States in
18G1. In 1867 he announced his purpose to resign his place as minis-
ter of the United States, in order to become the minister of China to

164 LETTERS AND MESSAGES.

the United States ; and in 1868 lie came to Waslnngton as tlie repre-
sentative of ('lima, one of a coniinission of whioli be was the head, and
over wliieh he had control. In June, 1868, he, with the then Secretary
of State, Mr. Seward, negotiated the present treaty between the United
States and China. It was ratified by the Senate with the almost uni-
versal approval of the peojile of the United States, and, having been
sent to China, was afterwards ratified by that Empire.

Under the guarantees of protection aflbrded bj' this treaty, subjects
of China, to the number of probably not less than one hundred thou-
sand, are now domiciled in the United States. In like manner, Ameri-
can citizens, in comparatively much smaller numbers, however, engaged
as missionaries, merchants, and mechanics, are now in China, protected
by the provisions of this treaty. Commercial and manufacturing" en-
terprises, already of considerable magnitude and rapidly increasing in
importance, are dependent on the continuance of favorable treaty rela-
tions between the United States and China. If these relations are now
to be terminated by the abrogation of essential parts of the existing
treaty by the sole action of the United States, on what ground is such
action to be taken ? The bill under consideration contains no recital
of the causes which are believed by its supporters to justify the abro-
gation of solemn treaty stipulations. Every important fact in regard
to the object of the bill which is now urged in its support existed and
was perfectly well known in 1868, when the treaty was ratified by the
United States. The immigration in question had continued for twenty
years, and its character and tendency were fully understood, and had
been considered and discussed by legislative bodies and by the people.
No grave and sudden change of conditions has occurred. Xo unfore-
seen emergency exists. The case stands almost precisely as it has
stood for nearly a quarter of a century. Let it be admitted that the
dangers apprehended from a longer continuance of the Chinese immi-
gration require consideration and action ; they surely do not require a
departure from the well-settled principles and usages of Nations in their
intercourse with each other, and in regard to the observance of treaties.
We should deal with China in this matter precisely as we would expect
and wish other Nations to deal with us under similar circumstances.
The peremptory abrogation of a part of this treaty without negotiation
M ith China, and without her consent, is the abrogation of the whole.
The abrogation of a treaty by one of the contracting parties is justifi-
able only upon reasons both of the highest justice and of the highest
necessity. To do this without notice; without fixing a day in advance
when the act shall take effect; Avithout aftbrding an opportunity to

LETTERS AND MESSAGES. 165

China to be heard ; and withont the happening of any grave or unfore-
seen emergency, will be regarded by the enlightened judgment of man-
kind as the denial of the obligation of the national faith.

Entertaining this view of the bill before me, I am compelled to with-
hold from it my signature, and to return it to the House of Eepresenta-
tives, in which it originated, for that further consideration which the
Constitution requires.

E. B. HAYES.

Executive Mansion, 2Iarch 1, 1879.

PROCLAMATION

CONVENING

THE TWO HOUSES OF CONGRESS.

MARCH 4, 1879.

PROCLAMATION

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PEOCLAMATION.

Whereas the final adjoiirninent of the Forty-fifth Congress without
making the usual and necessary appropriations for the legislative,
executive, and judicial expenses of the Government for the fiscal year
ending June 30, 1880, and without making the usual and necessary
aj)j)roj)riations for the support of the Army for the same fiscal year,
presents an extraordinary occasion, requiring the President to exercise
the power vested in him by the Constitution to convene the Houses of
Congress in anticipation of the day fixed by law for their next meeting :

Now, therefore, I, Eutherford B. Hayes, President of the United
States, do, by virtue of the power to this end in me vested by the
Constitution, convene both Houses of Congress to assemble at their
respective Chambers at twelve o'clock noon on Tuesday, the 18th day
of March, instant, then and there to consider and determine such
measures as, in their wisdom, their duty and the welfare of the i)eoj)le
may seem to demand.

In witness whereof I have hereunto set my hand, and caused the seal
of the United States to be affixed.

Done at the city of Washington this 4th day of March, A. D. 1879,

[SEAL 1 ^^^ ^^ *^^ Independence of the United States of Amer-
ica the one hundred and third.

E. B. HAYES.

By the President :
Wm. M. Evarts,

/Secretary of StateH

jnj: E s s ^ GMi:

TWO HOUSES OF CONGRESS AT THE COMMENCEMENT OF THE FIKST
SESSION OF THE FOETY-SIXTH OONGEESS.

MARCH 19, 1879.

MESSAGE

Fellow-Citizens of the Senate

AND House of Eepresentatives :

The failure of the last Congress to make the requisite appropriatious
for legislative and judicial puri)oses, for the expenses of the several
Executive Departments of the Government, and for the support of the
Army, has made it necessary to call a si)ecial session of the Forty-sixth
Congress.

The estimates of the appropriations needed, which were sent to"
Congress by the Secretary of the Treasury at the opening of the last
session, are renewed, and are herewith transmitted to both the Senate
and the House of Eepresentatives.

Eegretting the existence of the emergency which requires a special
session of Congress at a time when it is the general judgment of the
country that the i)ublic welfare will be best promoted by permanency
in our legislation and by peace and rest, I commend these few neces-
sary measures to your considerate attention.

EUTHERFORD B. HAYES.

Washington, March 19, 1879.

PROCLAMATION

IN REiLATION TO

ILLEGAL SETTLEMEOTS IN THE INDIAN TERRITORY.

APRIL 36, 1879

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PEOCLAMATIOK

Whereas it has become kuowu to me that certain evil-disi)0sed i)er-
sons have, within the territory and jurisdiction of the United States,
begun and set on foot preparations for an organized and forcible i)08-
session of and settlement upon the lands of what is known as the Indian
Territory, west of the State of Arkansas, which Territory is designated,
recognized, and described by the treaties and laws of the United States
and by the Executive authorities as Indian country, and as such is only
subject to occupation by Indian tribes, officers of the Indian Depart-
ment, military posts, and such persons as may be privileged to reside
and trade therein under the intercourse laws of the United States ; and
whereas those laws provide for the removal of all persons residing
and trading therein without express permission of the Indian Depart-
ment and agents, and also of all persons whom such agents may deem
to be improper persons to reside in the Indian country:

Now, therefore, for the ijurpose of properly protecting the interests
of the Indian nations and tribes, as well as of the United States in
said Indian Territory, and of duly enforcing the laws governing the
same, I, Eutherford B. Hayes, President of the United States, do
admonish and warn all such persons so intending or preparing to re-
move upon said lands or into said Territory, without permission of the
proper agent of the Indian Dejiartment, against any attempt to so re-
move or settle upon any of the lands of said Territory; and I do further
warn and notify any and all such persons who may so offend, that they
will be speedily and immediately removed therefrom by the agent ac-
cording to the laws made and provided ; and if necessary the aid and
assistance of the military forces of the United States will be invoked to
carry into proper execution the laws of the United States herein
referred to.

In testimony whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.
12

178 LETTERS AND MESSAGES.

Done at the city of Washington this twenty-sixth day of April, in
the year of our Lord one thousand eight hundred and seventy-
[SEAL.] nine, and of the Independence of the United States the one
hundred and third.

EUTHERFORD B. HAYES.

By the President:

Wm. M. Evarts,

Secretary of State.

MESSAGE

RETURNING TO

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE

ARMY FOR THE FISCAL YEAR ENDING JUNE 30,

1880, AND FOR OTHER PURPOSES."

APRIL. 99, 1879.

MESSAGE.

To THE House of Representatives:

I have maturely considered the important questions presented by
the bill entitled "An act making appropriations for the support of the
Army for the fiscal year ending June 30, 1880, and for other purposes,"
and I now return it to the House of Representatives, in which it orig-
inated, with my objections to its approval.

The bill provides in the usual form for the appropriations required
for the support of the Army during the next fiscal year. If it con-
tained no other provisions, it would receive my j)romi)t approval. It
includes, however, further legislation, which, attached as it is to appro-
priations which are requisite for the efficient performance of some of
the most necessary duties of the Grovernment, involves questions of the
gravest character. The sixth section of the bill is amendatory of the
statute now in force in regard to the authority of persons in the civil,
military, and naval service of the United States, "at the place where
any general or special election is held in any State." This statute was
adopted February 25, 1865, after a protracted debate in the Senate,
and almost without opposition in the House of Representatives, bj'^ the
concurrent votes of both of the leading political ])arties of the country,
and became a law by the approval of President Lincoln. It was re-
enacted in 1874 in the Revised Statutes of the United States — sections
2002 and 5528, which are as follows :

"Sec. 2002. No military or naval officer or other person engaged in
the civil, military, or naval service of the United States shall order,
bring, keep, or have under his authority or control any troops or armed
men at the place where any general or special election is held in any
State, unless it be necessary to repel the armed enemies of the United
States, or to keep the peace at the polls."

"Sec. 5528. Every officer of the Army or Navy, or other person in
the civil, military, or naval service of the United States, who orders,
brings, keeps, or has under his authority or control any troops or
armed men at any place where a general or special election is held in
any State, unless such force be necessary to repel armed enemies of the
United States or to keep the peace at the polls, shall be fined not more
than $5,000, and suffer imprisonment at hard labor not less than three
months nor more than five years."

The amendment proposed to this statute, in the bill before me, omits

182 LETTERS AND MESSAGES.

from both of the foregoing sections the words "or to keep the peace at
the polls." The effect of the adoption of this amendment may be con-
sidered —

First. Upon the right of the United States Government to use mili-
tary force to keep the peace at the elections for members of Congress j
and —

Second. Upon the right of the Government, by civil authority, to
protect these elections from \iolence and fraud.

In addition to the sections of the statute above quoted, the follow-
ing provisions of law relating to the use of the military power at the
elections are now in force:

" Sec. 2003. No officer of the Army or Navy of the United States
shall prescribe or fix, or attem])t to prescribe or fix, by proclamation,
order, or otherwise, the qualifications of voters in any State, or in any
manner interfere with the freedom of any election in any State, or with
the exercise of the free right of suffrage in any State."

"Sec. 5529. Every officer or other person in the military or naval
service who, by force, threat, intimidation, order, advice, or otherwise,
prevents, or attempts to prevent, any qualified voter of any State,- from
freely exercising the right of suffrage at any general or special election
in such State, shall be fined not more than five thousand dollars, and
imprisoned at hard labor not more than five years.

" Sec. 5530. Every officer of the Army or ISfavy who prescribes or
fixes, or attempts to prescribe or fix, whether by proclamation, order,
or otherwise, the qualifications of voters at any election in any State,
shall be punished as provided in the preceding section.

"Sec. 5531. Every officer or other person in the military or naval
service who, by force, threat, intimidation, order, or otherwise, compels,
or attempts to compel, any officer holding an election in any State to
receive a vote from a person not legally qualified to vote, or M^ho im-
poses, or attempts to impose, any regulations for conducting any gen-
eral or special election in a State different from those prescribed by law,
or who interferes in any manner with auy officer of an election in the
discharge of his duty, shall be punished as provided in section fifty-five
hundred and twenty-nine.

"Sioc. 5532. Every person convicted of any of the offences specified
in the five i)receding sections shall, in addition to the punishments
therein severally ])rescribe(l, be disqualified from holding any office of
honor, profit, or trust under the United States; but nothing in those
sections shall be construed to i)revent any officer, soldier, sailor, or
marine from exercising the right of suffrage in any election district to
which he may belong, if otherwise qualified according to the laws of
the State in which he otters to vote."

The foregoing enactments would seem to be sufficient to prevent
military interference with -the elections. But the last Congress, to re-
move all apprehension of such interference, added to this body of law:

Section 15 of an act entitled "An act making appropriations for the

LETTERS AND MESSAGES. 183

support of the Army for the fiscal year ending June 30, 1879, and for
other purposes," approved June 18, 1878, which is as follows :

" Sec. 15. From and after the passage of this act it shall not be
lawful to employ any part of the Army of the United States as a posse
coniitatus, or otherwise, for the purpose of executing the laws, except
in such cases and under such circumstances as such employment of said
force may be expressly authorized by the Constitution or by act of
Congress ; and no money appropriated by this act shall be used to pay
any of the expenses incurred in the employment of any troops in vio-
lation of this section, and any person wilfully \iolating the provisions
of this section shall be deemed guilty of a misdemeanor, and on con-
viction thereof shall be punished by fine not exceeding ten thousand
dollars or imprisonment not exceeding two years, or by both such fine
and imprisonment."

This act passed the Senate, after full consideration, without a single
vote recorded against it on its final passage, and, by a majority of more
than two-thirds, it was concurred in by the House of Representatives.

The purpose of the section quoted was stated in the Senate by one
of its supporters as follows :

"Therefore I hope, without getting into any controversy about the
past, but acting wisely for the future, that we shall take away the idea
that the Army can be used by a general or special deputy marshal, or
any marshal, merely for election purposes as a posse, ordering them about
the polls or ordering them anywhere else, when there is no election
going on, to prevent disorders or to suppress disturbances that should
be suppressed by the peace officers of the State, or, if they must bring
others to their aid, they should summon the unorganized citizens, and
not summon the officers and men of the Army as a jwsse coniitatus to
quell disorders, and thus get up a feeling which will be disastrous to
peace among the people of the country."

In the House of Representatives the object of the act of 1878 was
stated by the gentleman who had it in charge in similar terms. He
said:

"But these are all mnior points and insignificant questions compared
with the great principle which was incor})orated by the House in the
bill in reference to the use of the Army in time of peace. The Seiiate
had already conceded what they called, and what we might accejjt, as
the principle, but they had stricken out the penalty, and had stricken
out the word ^ express!}/^'' so that the Army might be used in all cases
where implied authority might be inferred. The House committee
planted themselves firmly upon the doctrine that rather than yield this
fundamental principle, for which for three years this House had strug-
gled, they would allow the bill to fail — notwithstanding the reforms
which we had secured — regarding these reforms as of but little conse-
quence alongside the great principle that the Army of the United
States, in time of peace, should be under the control of Congress, and
obedient to its laws. After a long and protracted negotiation, the
Senate committee have conceded that princii)le in all its length and
breadth, including the penalty, which the Senate had stricken out. We

184 lettp:rs and messages.

bring you back, therefore, a report,* with the alteration of a single
word, which the lawyers assure nie is proper to be made, restoring- to
this bill the principle for which we have contended so long, and which
is so vital to secure the rights and liberties of the people.

*******

"Thus have we, this day, secured to the people of this country the
same great protection against a standing army which cost a struggle
of two hundred years for the Commons of England to secure for the
British i)eople."

From this brief review of the subject, It sufficiently appears that, under
existing laws, there can be no military interference with the elections.
No case of such interference has, in fact, occurred since the passage of
the act last referred to. No soldier of the United States has appeared
under orders at any place of election in any State. No complaint even
of the presence of United States troops has been made in any quarter.
It may, therefore, be confidently stated that there is no necessity for
the enactment of section six of the bill before me, to prevent military
interference with the elections. The laws already in force are all that
is required for that end.

But that part of section six of this bill which is significant and
vitally important, is the clause which, if adopted, will deprive the civil
authorities of the Ignited States of all power to keep the peace at the
Congressional elections. The Congressional elections in every district,
in a very important sense, are justly a matter of political interest and
concern throughout the whole country. Each State, every political
party, is entitled to the share of power which is conferred b>' the legal
and constitutional suffrage. It is the right of every citizen, possess-
ing the qualifications prescribed by law, to cast one unintimidated
ballot,. and to have his ballot honestly counted. So long as the exer-
cise of this power and the enjoyment of this right are common and
equal, practically as well as formally, submission to the results of the
suffrage will be accorded loyally and cheerfully, and all the dejiart-
ments of Government will feel the true vigor of the popular will thus
expressed.

Two provisions of the Constitution authorize legislation by (con-
gress for the regulation of the Congressional elections.

Section 4 of Article 1 of the C'onstitutiou declares—

"The times, places, and manner of holding elections for Senators
and Representatives shall be i)rescribe(l in each State by the Legisla-
ture thereof; but the Congress may at any time, by law, make or alter
such regulations, except as to the places of choosing Senators."

The fifteenth amendment of the Constitution is as follows :

"Sec. 1. The right of citizens of the United States to vote sliall not

LETTERS AND MESSAGES. 185

be denied or abridged by the United States, or by any State, on account
of race, color, or previous condition of servitude.

"Sec. 2. Tlie Congress shall have power to enforce this article by
appropriate legislation."

The Supreme Court has held that this amendment invests the citizens
of the United States with a new constitutional right which is within
the protecting power of Congress. That right the court declares to
be exemption from discrimination in the exercise of the elective fran-
chise on account of race, color, or previous condition of servitude.
The power of Congress to protect this right by appropriate legislation
is expressly affirmed by the court.

National legislation to provide safeguards for free and honest elec-
tions is necessary, as experience has shown, not only to secure the right
to vote to the enfranchised race at the South, l)utalso to prevent fraud-
ulent voting in the large cities of the North. Congress has therefore
exercised the power conferred by the Constitution, and has enacted cer-
tain laws to prevent discriminations on account of race, color, or previous
condition of servitude, and to punish fraud, violence, and intimidation
at Federal elections. Attention is called to the following sections of
the Revised Statutes of the United States, viz:

Section 2004, which guarantees to all citizens the right to vote
without distinction on account of race, color, or previous condition of
servitude.

Sections 2005 and 2006, which guarantee to all citizens equal oppor-
tunity, without discrimination, to perform all the acts recpiired by law
as a prerequisite or (pialification for voting.

Section 2022, which authorizes the United States marshal and his
deputies to keep the peace and preserve order at the Federal elections.
Section 2024, which expressly authorizes the United States marshal
and his deputies to summon a posse comitatus whenever they or any of
them are forcibly resisted in the execution of their duties under the
law, or are prevented from executing such duties by violence.

Section 5522, which provides for the punishment of the crime of in-
terfering with the supervisors of elections and deputy marshals in the
discharge of their duties at the elections of Eepresentatives in Con-
gress.

These are some of the laws on this subject which it is the duty of
the Executive Dei^artment of the Government to enforce. The intent
and effect of the sixth section of this bill is to proliibit all the civil
officers of the IT nited States, under penalty of fine and imprisonment,
from employing any adequate civil force for this purpose at the place

186 LETTERS AND MESSAGES.

where their enforcement is most necessary: namely, at the places where
the Congressional elections are held. Among the most valuable enact-
ments to which I have referred are those which protect the supervisors of
Federal elections in the discharge of their duties at the polls. If the pro-
posed legislation should become the law, there will be no power vested in
any officer of the Government to protect from violence the officers of the
United States engaged in the discharge of their duties. Their rights j
and duties under the law will remain, but the National Government
will be powerless to enforce its own statutes. The States may employ
both military and civil power to keep the peace, and to enforce the
laws at State elections. It is now proposed to deny to the United
States even the necessary civil authority to protect the National elec-
tions. No sufficient reason has been given for this discrimination in
favor of the State and against the National authority. If well-founded
objections exist against the present National election laws, all good
citizens should unite in their amendment. The laws providing the
safeguards of the elections should be impartial, just, and efficient.
They should, if possible, be so non-partisan and fair in their operation
that the minority — the party out of power — will have no just grounds
to complain. The present laws have, in practice, unquestionably con-
duced to the prevention of fraud and violence at the elections. In
several of the States, members of different political parties have applied
for the safeguards which they furnish. It is the right and duty of the
National Government to enact and enforce laws which will secure free
and fair Congressional elections. The laws now in force should not be
repealed except in connection with the enactment of measures which
will better accomplish that important end. Believing that section six
of the bill before me will weaken, if it does not altogether take away,
the power of the National Government to protect the Federal elections
by the civil authorities, I am forced to the conclusion that it ought not
to receive my approval.

This section is, however, not presented to me as a separate and inde-
pendent measure, but is, as has been stated, attached to the bill mak-
ing the usual annual appropriations for tlie sux)port of the Army. It
makes a vital change in the election laws of the country, which is in
no way connected with the use of the Army. It prohibits, under heavy
penalties, any person engaged in the civil service of the United States
from having any force at the place of any election i)repared to preserve
order, to make arrests, to keep the peace, or in any manner to enforce
the laws. This is altogether foreign to the purpose of an Army appro-
priation bill. The practice of tacking to appropriation bills measures

LETTERS AND MESSAGES. 187

not pertinent to sucli bills did not prevail until more than forty years
after the ado})tion of the Constitution. It has become a common prac-
tice. All parties when in power have adopted it. Many abuses and
great waste of public money have in this way crept into appropriation
bills. The jmblic oi)inion of the country is against it. The States
which have recently adopted constitutions have generally provided a
remedy for the evil, by enacting that no law shall contain more than
one subject, which shall be plainly expressed in its title. The consti-
tutions of more than half of the States contain substantially this pro-
vision. The public welfare will be promoted in many ways by a
return to the early i)ractice of the Government, and to the true prin-
ciple of legislation, which requires that every measure shall stand
or fall according to its own merits. If it were understood that to
attach to an appropriation bill a measure irrelevant to the general
object of the bill would imperil and probably prevent its final passage
and approval, a valuable reform in the parliamentary practice of Con-
gress would be accomplished. The best justification that has been
offered for attaching irrelevant riders to appropriation bills is that it is
done for convenience sake, to facilitate the passage of measures which
are deemed expedient by all the branches of Government which i)artici-
pate in legislation. It cannot be claimed that there is any such reason
for attaching this amendment of the election laws to the Army appropri-
ation bill. The history of the measure contradicts this assumption. A
majority of the House of Representatives in the last Congress was in
favor of section six of this bill. It was known that a majority of the
Senate was opposed to it, and that as a separate measure it could not
be adopted. It was attached to the Army appropriation bill to compel
the Senate to assent to it. It was plainly announced to the Senate
that the Army appropriation bill would not be allowed to pass unless
the proposed amendments of the election la^vs were ndopted with it.
The Senate refused to assent to the l)ill on account of this irrelevant
section. Congress thereui)on adjourned without passing an appropri-
ation bill for the Army, and the present extra session of the Forty-
sixth Congress became necessary to furnish the means to carry on the
Govermnent.

The ground upon which the action of the House of Representatives
is defended has been distinctly stated by many of its advocates. A
week before the close of the last session of Congress the doctrine in
question was stated by one of its ablest defenders, as follows:

" It is our duty to repeal these laws. It is not worth Avhile to attempt
the repeal except upon an ai)propriation bill. The Republican Senate

188 LETTERS AND MESSAGES.

would not agree to, nor the Republican President sign, a bill for such
repeal. Whatever objection to legislation upon approjjriation bills may
be made in ordinary cases does not api)ly where free elections and the
liberty of the citizen are concerned. * * * We have the ])ower to
vote money; let us annex conditions to it, and insist upon the redress
-of grievances."

By another distinguished member of the House it was said:

"The right of the representatives of the people to withhold supplies
is as old as English liberty. History records numerous instances where
the Commons, feeling that the people were oppressed by laws that the
Lords would not consent to repeal by the ordinary metliods of legisla-
tion, obtained redress at last by refusing apin^opriations unless accom-
panied by relief measures."

That a question of the gravest magnitude, and new in this country,
was raised by this course of proceeding, was fully recognized also by
its defenders in the Senate. It was said by a distinguished Senator:

"Perhaps no greater question in the form we are brouglit toconsi<ler
it was ever considered by the American Congress in time of peace; for
it involves not merely the merits or demerits of the laws which the
House bill proposes to repeal, but involves the rights, the privileges,
the powers, the duties of the two branches of Congress and of tlie
President of the United States. It is a vast question ; it is a question
whose importance can scarcely be estimated; it is a question that never
yet has been brought so sharply before the American Congress and the
American jieople as it may be now. It is a question which sooner or
later must be decided, and the decision must determine what are the
powers of the House of Representatives under the Constitution, and
what is the duty of that House in the view of the framers of that Con-
stitution according to its letter and its si)irit.

"Mr. President, I should approach this question, if I were in the
best possible condition to speak and to argue it, with very grave diffi-
dence, and certainly with the utmost anxiety, for no one can think of
it as long and as carefully as I have thought of it without seeing that
we are at the beginning perliaps of a struggle that may last as long in
this country as a similar struggle lasted in what we are accustonu'd to
call the mother-land. There the struggle lasted for two centuries
before it was ultimately decided. It is not likely to last so long here,
but it may last until every man in this chamber is in his grave. It is
the (juestion whether or no the House of Representatives has a right
to say: ' We will grant supplies only upon condition that grievan<;es
iire redressed. We are the representatives of the tax-i)ayers of the
Republic. We, the House of Representatives, alone have the right to
■originate money bills; we, the House of Representatives, have alone
the riglit to originate bills which grant the money of the people; the
Senate represents States; we represent the tax-payers of the Kepublic;
we, therefore, by the very terms of the Constitution, are {-harged with
the duty of originating tlu? bills which grant the money of the people.
We claim the right, which the House of Commons in England estab-
lished, after two centuries of contest, to say that Nve will not grant the
.money of the peoi)le unless there is a redress of grievances.'"

LETTERS AND MESSAGES. 189

Upon the assembling of this Congress, in pnrsuance of a call for an
extra session, which was made necessary by the failure of the Forty-
fifth Congress to make the needful appropriations for the support of
the Government, the question was presented whether the attempt made
in the last Congress to engraft by construction a new principle upon
the Constitution should be persisted in or not. This Congress has
ample opportunity and time to pass the appropriation bills, and also to
enact any political measures which may be determined upon in sepa-
rate bills by the usual and orderly methods of proceeding. But the
majority of both Houses have deemed it wise to adhere to the prin-
ciple asserted and maiiitaiued in the last Congress by the majority of
the House of Keprcsentatives. That principle is, that the House of
Representatives has the sole right to originate bills for raising revenue,
and therefore has tlie right to withhold appropriations upon which the
existence of the Government may depend unless the Senate and the
President shall give their assent to any legislation which the House
may see tit to attach to appropriation bills. To establish this principle
is to make a radical, dangerous, and unconstitutional change in the
character of our institutions. The various Departments of the Govern-
ment, and the Army and the Navy, are established by the Constitution,
or by laws passed in pursuance thereof. Their duties are clearly defined^
and their support is carefully provided for by law. The money required
for this purpose has been collected from the people, and is now in the
Treasury, ready to be paid out as soon as the appropriation bills are
passed. Whether appropriations are made or not the collection of the
taxes will go on. The public money will accunudate in the Treasury.
It was not the intention of the framers of the Constitution that any
single branch of the Government should have the power to dictate
conditions upon Avhich this treasure should be applied to the purposes
for which it was collected. Any such intention, if it had been enter-
tained, would have been plainly expressed in the Constitution.

That a majority of the Senate now concurs in the claim of the House
adds to the gravity of the situation, but does not alter the question at
issue. The new doctrine, if maintained, will result in a consolidation
of unchecked and despotic power in the House of Kepresentatives. A
bare majority of the House will become the Government. The Execu-
tive will no longer be what the framers of the Constitution intended, an
equal and independent branch of the Government. It is clearly the
constitutional duty of the President to exercise his discretion and judg-
ment upon all bills presented to him without constraint or duress from
any other branch of the Government. To say that a majority of either

190 LETTERS AND MESSAGES.

or both of the Houses of Congress may insist ou the approval of a bill
under the penalty of stopping all of the operations of the Government
for want of the necessary supplies, is to deny to the Executive that
share of the legislative power which is plainly conferred by the second
section of the seventh article of tlie Constitution. It strikes from the
Constitution the qualified negative of the President. It is said that
this should be done because it is the peculiar function of the House of
Representatives to represent the will of the people. But no single
branch or department of the Government has exclusive authority to
speak for the American people. The most authentic and solemn ex-
pression of their will is contained in the Constitution of the United
States. By that Constitution they have ordained and established a
Government whose powers are distributed among co-ordinate branches,
which, as far as possible, consistently with a harmonious co-operation,
are absolutely independent of each other. The people of this country
are unwilling to see the supremacy of the Constitution replaced by the
omnipotence of any department of the Government.

The enactment of this bill into a law will establish a precedent which
will tend to destroy the equal independence of the several branches of
the Government. Its principle places not merely the Senate and the
Executive, but the judiciary also, under the coercive dictation of the
House. The House alone will be the judge of what constitutes a griev-
ance, and also of the means and measures of redress. An act of Con-
gress to protect elections is now the grievance complained of. But the
House may on the same principle determine that any other act of Con-
gress, a treaty made by the President, with the advice and consent of
the Senate, a nomination or ai)pointment to office, or that a decision or
opinion of the Supreme Court is a grievance, and that the measure of
redress is to withhold the appropriations required for the support of
the offending branch of the Government.

Believing that this bill is a dangerous violation of the spirit and
meaning of the Constitution, I am compelled to return it to the House
in which it originated without my approval. The qualified negative
with which the Constitution invests the President is a trust that in-
volves a duty which he cannot decline to perform. With a firm and
conscientious purpose to do what I can to preserve, unimpaired, the
constitutional powers and equal independence, not merely of the Ex-
ecutive, but of every branch of the Government, which will be imper-
illed by the adoption of the principle of this bill, I desire earnestly to
urge upon the House of Representatives a return to the wise and
wholesome usage of the earlier days of the Republic, which excluded

LETTERS AND MESSAGES.

191

from appropriation bills all irrelevant legislation. By this conrse you
will inaugurate an important reform in tlie method of Congressional
legislation; your action will be in harmony with the fundamental prin-
ciples of the Constitution and the patriotic sentiment of nationality
which is their firm support; and you will restore to the country that
feeling of confidence and security and the repose which are so essen-
tial to the prosperity of all of our fellow-citizens.

EUTHEEFORD B. HAYES.
Executive Mansion, A^nil 20, 1879.

M:ESS^aE

RETURNING TO

TKE HOUSE OF EEPEESENTATIVES THE BILL ENTITLED "AN ACT TO
PEOHIBIT MILITAEY INTEEPEEENOE AT ELECTIONS."

MAY IS, 1879.

MESSAGE

To THE House of Representatives :

After careful consideration of the bill entitled "An act to prohibit
military interference at elections," I retnrn it to the House of Eepre-
sentatives, in which it originated, with the following objections to its
approval :

In the communication sent to the House of Representatives on the
29th of last month, returning to the House Avithout my approval the
bill entitled "An act making appropriations for the support of the
Army for the fiscal year ending June 30, 1880, and for other purposes,"
I endeavored to show by quotations from the statutes of the United
States now in force, and by a brief statement of facts in regard to recent
elections in the several States, that no additional legislation was neces-
sary to prevent interference with the elections by the military or naval
forces of the United States, The fact was presented in that communi-
cation that at the time of the passage of the act of June 18, 1878, in
relation to the employment of the Army as a posse comitatus or other-
wise, it was maintained by its friends that it would establish a vital
and fundamental principle which wM)uld secure to the people protection
against a standing army. The fact was also referred to that, since the
passage of this act, Congressional, State, and municipal elections have
been held throughout the Union, and that in no instance has complaint
been made of the presence of United States soldiers at the polls.

Holding as I do the opinion that any military interference whatever
at the polls is contrary to the spirit of our institutions, and would tend
to destroy the freedom of elections, and sincerely desiring to concur
with Congress in all of its measures, it is with very great regret that I
am forced to the conclusion that the bill before me is not only unneces-
sary to ijreveut such interference, but is a dangerous departure from
long-settled and important constitutional principles.

The true rule as to the emi)loyment of military force at the elections
is not doubtful. No intimidation or coercion should be allowed to
control or influence citizens in the exercise of their right to vote,
whether it appears in the shape of combinations of evil-disposed per-
sons, or of armed bodies of the militia of a State, or of the military
force of the United States.

196 LETTERS AND MESSAGES.

The elections vslionld be tVee from all forcible interference, and, as far
as practicable, from all apprehension of such interference. Xo soldiers,
either of the llniou or of the State militia, should be present at the
l)olls to take the place or to perform the duties of the ordinary civil
police force. There has been and will be no violation of this rule under
orders from nie during- this adnjinistration. But there should be no
denial of the right of the National Government to employ its military
force on any day and at any i)lace in case such employment is necessary
to enforce the Constitution and laws of the United States.

The bill before me is as follows:

'■'•Be it enacted,, tC'c, That it shall not be lawful to bring to or employ,
at any place where a general or special election is being lield in a State,
any part of the Army or Navy of the United States, unless such force
be necessary to repel the armed enemies of the United States, or to
enforce section 4, article 4, of the Constitution of the United States,
aud the laws made in ])ursuance thereof, on ai)i)lication of the Legis-
lature or Executive of the State where such force is to be used; and so
much of all laws as is inconsistent herewith is hereby repealed."

It will be observed that the bill exempts from the general prohibition
against the emploj^ment of military force at the polls two specified
cases. These exceptions recognize aiul concede the soundness of the
princii)le that military force nmy pro])erly and constitutionally be used
at the [)lace of elections, when such use is necessary to enforce the Con-
stitution and the laws. But the excepted cases leave the iirohibitiou
so extensive and far-rea<;hing that its adoi)tion will seriously impair
the etticiency of the Executive Department of the Government.

The first act expressly authorizing the use of military power to exe-
cute the laws was passed almost as early as the organization of the
Government under the Constitution, and was approved hy President-
Washington, May 2, 179-J. It is as follows:

" Sec. 2. And he it fnrther enacted, That whenever the laws of the
United States shall be opposed, or the execution thereof obstructed,
in any State, by combinations too i)owerful to be supi)ressed by the
or<linary course of jiulicial proceedings, or by the powers vested in the
marshals by this act, the same being notified to the President of the
United States by an associate justice or the district judge, it shall be
lawful for the I'resident of the United States to call forth the militia
of such State to suppress such cond)inations, and to cause the laws to
be duly executed. And if the militia of a State where such combina-
tions may happen shall refuse or be insufficient to suppress the same,
it shall be lawful for the President, if the Legislature of the United
States be not in session, to call forth and employ such numbers of the
militia of any other State or States most convenient thereto as may be
necessary; and the use of militia, so to be called forth, may be con-
tinued, if necessary, until the expiration of thirty days after the com-
mencement of the ensuing session."

LETTERS AND MESSAGES. 107

III 1795 tbis provision Avas substantially re-enacted in a law wliicli
repealed the act of 1792. In 1807 the following- act became the law
by the approval of President Jefterson:

"That in all cases of insurrection or obstruction to the laws, either
of the United States or of any individual State or Territory, where it is
lawful for the President of the United States to call fotth the militia
for the purpose of suppressing such insurrection, or of causing the
laws to be duly executed, it shall be lawful for him to emidoy, for the
same purposes, such part of tlie land or naval force of the United
States as shall be judged necessary, having tirst observed all the pre-
requisites of the law in that respect."

By this act it will be seen that the scope of the law of 1795 was
extended so as to authorize the National Government to use not only
the militia but the Army and Navy of the United States in "causing
the laws to be duly executed."

The important provision of the acts of 1792, 1795, and 1807, moditied
in its terms from time to time to adapt it to the existing emergency,
remained in force until, by an act approved by President Lincoln July
29, 1861, it was re-enacted substantially in the same language in which
it is now found in the Revised Statutes, viz:

" Sec. 5298. Whenever, by reason of unlawful obstructions, combi-
nations, or assemblages of persons, or rebellion against the authority
of the Government of the United States, it shall become impracticable,
in the iudgment of the President, to enforce, by the ordinary course of
judicial proceedings, the laws of the United States within any State or
Territory, it shall be lawful for the President to call forth the militia
of any or all the States, and to employ such parts of the land and
naval forces of the United States as he may deem necessary to enforce
the faithful execution of the laws of the United States, or to supi)ress
sncli rebellion, in whatever State or Territory thereof the laws of the
Unite<l States nmy be forcibly opposed, or the execution thereof forci-
bly obstructed."

This ancient and fundamental law has been in force from the foun-
dation of the Goveinment. It is now proposed to abrogate it on cer-
tain days and at certain places. In my judgment no fact has been pro-
duced which tends to show that it ought to be repealed or suspended
for a single hour at any jdace in any of the States or Territories of the
Union. All the teachings of experience in the course of our history
are in favor of sustaining its efficiency unimpaired. On every occasion
when the supremacy of the Constitution has been resi^sted, and the per-
petuity of our institutions imi)erilled, the principle of this statute, en-
acted by the fathers, has enabled the Government of the Union to
maintain its authority and to preserve the integrity of the Nation.

At the most critical periods of our history, my predecessors in the

198 LETTERS AND MESSAGES.

Executive office have relied on this great principle. It was on this
principle that President Washington suppressed the whiskey rebel-
lion in Pennsylvania in 1794. In 180G, on the same principle, Presi-
dent riefferson broke np the Bnrr conspiracy by issuing "orders for the
employment of such force, either of the regulars or of the militia, and
by such proceedings of the civil authorities, * * * as might enable
them to suppress effectually the further progress of the enterprise."
And it was under the same authority that President Jackson crushed
nullification in South Carolina, and that President Lincoln issued his
call for troops to save the Union in 1861. On numerous other occa-
sions of less significance, under probably every administration, and
certainly under the present, this power has been usefully exerted to
enforce the laws, without objection by any party in the country, and
almost without attracting public attention.

The great elementary constitutional principle which was the founda-
tion of the original statute of 1792, and which has been its essence in
the various forms it has assumed since its first adoption, .is, that the
Government of the United States possesses under the (Constitution, in
full measure, the power of self-protection by its own agencies, alto-
gether- independent of State authority, and, if need be, against the
hostility of State governments. It should remain embodied in our
statutes, unimpaired, as it has been from the very origin of the Gov-
ernment. It should be regarded as hardly less valuable Or less sacred
than a provision of the Constitution itself.

There are many other important statutes containing provisions that
are liable to be suspended oi- annulled at the times and places of hold-
ing elections, if the bill before me should become a law. I do not
undertake to furnish a list of them. :\Iany of them— perhaps the
most of them— have been set forth in the debates on this measure.
They relate to extradition, to crimes against the election laws, to
quarantine regulations, to neutrality, to Indian reservations, to the
civil rights of citizens, and to other subjects. In regard to them
all, it may be safely said, that the meaning and effect of this bill is to
take from the General Government au im])ortant part of its power to
enforce the hiAvs.

Another grave objection to the bill is its discrimination in favor of
the State and against the National authority. The presence or em-
ployment of the Army or Navy of the United States is lawful under
the terms of this bill at the place where an election is being held in a
State to uphold the authority of a State govern men-t then and there in
need of such military intervention, but unlawful to uphold the autlior-

LETTERS AND MESSAGES. 199

ity of the Government of the United States then and there in need of
such military intervention. Under this bill the presence and employ-
ment of the Army or jSTavy of the United States would be lawful, and
might be necessary to maintain the conduct of a State election against
the domestic violence that would overthrow it, but would be unlawful
to maintain the conduct of a ISTational election against the same local
violence that would overthrow it. This discrimination has never been
attempted in any previous legislation by Congress, and is no more
compatible with sound principles of the Constitution or the necessary
maxims and methods of our system of government on occasions of
elections than at other times. In the early legislation of 1792 and of
1795, by which the militia of the States was the only military power
resorted to for the execution of the constitutional powers in support of
State or I^ational authority, both functions of the Government were
put upon the same footing. By the act of 1807 the employment of the
Army and Navy was authorized for the performance of both constitu-
tional duties in the same terms.

In all later statutes on the same subject-matter the same measure of
authority to the Government has been accorded for the performance of
both these duties. No precedent has been found in any previous legis-
lation, and no sufficient reason has been given for the discrimination
in favor of tha State and against the National authority which this bill
contains.

Under the sweeping terms of the bill, the National Government is
effectually shut out from the exercise of the right, and from the dis-
charge of the imperative duty to use its whole Executive power when-
ever and wherever required for the enforcement of its laws at the
places and times where and when its elections are held. The employ-
ment of its organized armed forces for any such purpose would be an
offence against the law unless called for by, and therefore upon permis-
sion of, the authorities of the State in which the occasion arises. What
is this but the substitution of the discretion of the State governments
for the discretion of the Government of the United States as to the
performance of its own duties ? In my judgment, this is an abandon-
ment of its obligations by the National Government — a subordina-
tion of National authority, and an intrusion of State supervision over
National duties, which amounts, in spirit and tendency, to State su-
premacy.

Though I believe that the existing statutes are abundantly adequate
to completely prevent military interference with the elections in the
sense in which the phrase is used in the title of this bill and is em-

200 LETTERS AND MESSAGES.

ployed by the people of this country, I shall find no difficulty in con-
curring in any additional legislation limited to that object which does
not interfere Avith the indispensable exercise of the powers of the
Government under the Constitution and laws.

RUTHERFORD B. HAYES.
Executive Mansion, May 12, 1879.

]VIESS^GE

RETURNING TO

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT
MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECU-
TIVE, AND JUDICIAL EXPENSES OF THE GOVERN-
MENT, FOR THE FISCAL YEAR ENDING JUNE
30, 1880, AND FOR OTHER PURPOSES."

MAY 99, 1879

MESSAGE.

To THE House of Representatives:

After mature consideration of the bill entitled " An act making ap
propriations for the legislative, executive, and judicial expenses of the
Government for the fiscal year ending June thirtieth, eighteen hun-
dred and eighty, and for other purposes," I herewith return it to the
House of Eepresentatives, in which it originated, with the following
objections to its approval:

The main purpose of the bill is to appropriate the money required
to support, during the next fiscal year, the several civil departments
of the Government. The amount appropriated exceeds in the aggre-
gate eighteen millions of dollars.

This money is needed to keep in operation the essential functions of
all the great departments of the Government— legislative, executive,
and judicial. If the bill contained no other provisions, no objection to
its approval would be made. It embraces, however, a number of
clauses relating to subjects of great general interest, which are wholly
unconnected with the approimations which it provides for. The objec-
tions to the practice of tacking general legislation to appropriation
bills, especially when the object is to deprive a co-ordinate branch of
the Government of its right to the free exercise of its own discretion
and judgment touching such general legislation, were set forth in the
special message in relation to House bill number one, which was re-
turned to the House of Representatives on the 29th of last mouth. I
regret that the objections which were then expressed to this method
of legislation have not seenuKl to Congress of sufficient weight to dis-
suade from this renewed incorporation of general enactments in an
ap])ropriation bill, and that my constitutional duty in respect of the
general legislation thus placed before me cannot be discharged with-
out seeming to delay, however briefly, the necessary appropriations by
Congress for the support of the Government. Without repeating those
objections, I respectfully refer to that message for a statement of my
views on the principle maintained in debate by the advocates of this
bill, viz., that "to withhold appropriations is a constitutional means
for the redress" of what the majority of the Bouse of Representatives
may regard as "a grievance."

204 lettp:rs and messages.

The bill contains the following clauses, viz :

^'Aiid provided further^ Tluit the following sections of the Revised
Statutes of the tinited States, namely, sections two thousand and
sixteen, two thousand and eighteen, and two tliousand and twenty,
and all of the succeeding sections of said statutes down to and including
section two thousand and twenty-seven, and also section tifty-tive hun-
dred an<l twenty-two, be, and the same are hereby, repealed;" * * *
^'and that all the other sections of the Revised Statutes, and all laws
and i)arts of laws authorizing the appointment of chief supervisors of
elections, special deputy nuirshals of elections, or general deputy
nuirshals having any duties to perform in respect to any election and
prescribing their duties and powers and allowing them compensation,
be, and the same are hereby repealed."

It also contains clauses amending sections 2017, 2010, 202S, and 2031
of the Revised Statutes.

The sections of the Revised Statutes which the bill, if approved,
would repeal or amend, are part of an act approved May 30, 1870, and
amended February 28, 1871, entitled "An act to enforce the rights of
citizens of the United States to vote in the several States of this Union,
and for other purposes." All of the provisions of the above-named acts,
which it is proposed in this bill to repeal or modify, relate to the Con-
gressional elections. The remaining portion of the law, which will con-
tinue in force after the enactment of this measure, is that which pro-
vides for the appointment, by ajudge of the circuit court of the United
States, of two supervisors of election in each election district, at any
Congressional election, on due application of citizens who desire, in the
language of the law, "to have such election guarded and scrutinized ^

The duties of the supervisors will be to attend at the i)olls at all Con-
gressional elections, and to remain after the polls are oi)en until every
vote cast has been counted, but they will "have no authority to make
arrests, or to perform other duties than to be in the immediate presence
of the ofHcers holding the election, and to witness all their proceed-
ings, including the counting of the votes, and the making of a return
thereof." The part of the election law which will be repealed by the
approval of this bill, includes those sections which give authority to
the supervisors of election "to personally scrutinize, count, and can-
vass each ballot," and all the sections which confer authority u]»on the
United States marshals and deputy marshals, in connection with the
Congressional elections. The enactment of this bill will also repeal sec-
tion 5522 of the Criminal Statutes of the United States, which was
enacted for the i)rotecti()n of United States otticers engaged in the dis-
charge of their duties at the Congressional elections. This section
protects supervisors and marshals in the performance of their duties

LtrrTERS AND MESSAGES. 205

by making tlie obstructiou or the assaulting- of these officers, or any
interference with them by bribery or solicitation, or otherwise, crimes
against the United States.

The true meaning and effect of the proposed legislation are plain.
The supervisors, with the authority to observe and witness the pro-
ceedings at the Congressional elections, will be left ; but there w ill be
no power to protect them, or to i)revent interference with their duties^
or to punish any ^'iolation of the law from which their powers are
derived. If this bill is approved, only the shadow of the authority of
the United States at the National elections will remain— the substance
will be gone. The supervision of the elections will be reduced to a
mere inspection, without authority on the part of the supervisors to do
any act whatever to make the election a fair oue. All that will be left
to the supervisors is the permission to have such oversight of the elec-
tions as political parties are in the habit of exercising without any au-
thority of law, in order to prevent their opponents from obtaining unfair
advantages. The object of the bill is to destroy any control whatever
by the United States over the Congressional elections.

The passage of this bill has been urged upon the ground that the
election of members of Congress is a matter which concerns the States
alone; that these elections should be controlled exclusively by the
States; that there are and can be no such elections as National elec-
tions ; and that the existing law of the United States regulating the
Congressional elections is without warrant in the Constitution.

It is evident, how^ever, that the framers of the Constitution regarded
the election of members of Congress in every State and in every dis-
trict as, in a very important sense, justly a matter of political interest
and concern to the whole country. The original provision 0/ the Con-
stitution on this subject is as follow^s : ■

Sec. 4, Article 1. "The times, places, and manner of holding elec-
tions for Senators and Representatives shall be ])rescribed in each
State by the Legislature thereof; but the Congress may at any time,
by law, uuike or alter such regulations, except as to the places of choos-
ing Senators."

A further provision has been since added, which is embraced in the
fifteenth amendment. It is as follows :

" Sec. 1. The right of citizens of the United States to vote shall not
be denied or abridged by the United States, or by any State, on ac-
count of race, color, or previous condition of servitude.

"Sec. 2. The Congress shall have power to enforce this article by
appropriate legislation ."

Under the general provision of the Constitution, (section 4, article 1,)

206 LETTERS AND MESSAGES.

Congress, in 18(10, passed a compreliensive law which prescribed full
and detailed regulations for the election of Senators by the Legisla-
tures of the several States. This law has been in force almost thirteen
years. In pursuance of it all of the members of the present Senate of
the United States hold their seats. Its constitutionality is not called
in question. It is confidently believed that no sound argument can
be made in support of the constitutionality of National regulation
of Senatorial elections which will not show that the elections of mem-
bers of the House of Representatives may also be constitutionally
regulated by the JSTational authority.

The bill before me itself recognizes the principle that the Congres-
sional elections are not State elections, but National elections. It
leaves in full force the existing statute under which supervisors are
still to be ap])ointed by National authority, to <' observe and witness"
the Congressional elections whenever due application is made by citi-
zens who desire said elections to be " guarded and scrutinized." If the
power to supervise, in any respect whatever, the Congressional elec-
tions exists, under section 4, article 1, of the Constitution, it is a power
which, like every other power belonging to the Government of the
United States, is i)aramount and supreme, and includes the right to
employ the necessary means to carry it into elfect.

The statutes of the United States which regulate the election of mem-
bers of the House of Representatives, an essential part of which it is
proposed to repeal by this bill, have been in force about eight years.
Four Congressional elections have been held under them, two of which
were at the Presidential elections of 1872 and 1876. Numerous prose-
cutions, trials, and convictions have been had in the courts of the
United States in all parts of the Union for violations of these laws.
In no reported case has their constitutionality been called in question
by any judge of the courts of the United States. The validity of
these laws is sustained by the uniform course of judicial action and
opinion.

If it is urged that the United States election laws are not necessary,
an ample reply is furnished by the history of their origin aud of their
results. They were especially prompted by the investigation and ex-
posure of the frauds committed in the city and State of New York at
the elections of 1868. Committees representing both of the leading
political parties of the country have submitted reports to the House of
Representatives on the extent of those frauds. A committee of the
Fortieth Congress, after a full investigation, reached the conclusion
that the number of fraudulent votes cast in the city of New York alone

LETTERS AND MESSAGES. 207

in 1868 was not less than twenty-five thousand. A committee of the
Forty-fonrth Congress, in their report submitted in 1877, adopted the
opinion that for every one hundred actual voters of the city of New
York in 1868, one hundred and eight votes were cast ; when, in fact,
the number of lawful votes cast could not have exceeded eighty-eight
per cent, of the actual voters of the city. By this statement the num-
ber of fraudulent votes at that election, in the city of New York alone,
was between thirty and forty thousand. These frauds completely re-
versed the result of the election in the State of New York, both as to
the choice of Governor and State officers, and as to the choice of
electors of President and Vice-President of the United States. They
attracted the attention of the whole country. It was plain that if they
could be continued and repeated with impunity, free government was
impossible. A distinguished Senator, in opposing the passage of the
election laws, declared that he had " for a long time believed that our
form of Government was a comparative failure in the larger cities."
To meet these evils and to prevent these crimes the United States laws
regulating Congressional elections were enacted.

The framers of these laws have not been disappointed in their results.
In the large cities, under their provisions, the elections have been com-
paratively peaceable, orderly, and honest. Even the opponents of
these laws have borne testimony to their value and efficiency, and to
the necessity for their enactment. The Committee of the Forty -fourth
Congress, composed of members a majority of whom were opposed to
these laws, in their report on the New York election of 1876, said :

"The committtee would commend to other portions of tlie country
and to other cities this remarkable system, developed through the
agency of both local and Federal authorities acting in harmony for an
honest purpose. In no portion of the world, and in no era of time,
where there has been an expression of the popular will through the forms
of law, has there been a more complete aud tliorough illustration of
republican institutions. Whatever may have been the previous habit
or conduct of elections in those cities, or howsoever they may conduct
themselves in the future, this election of 1876 will stand as a monu-
ment of what good faith, honest endeavor, legal forms, and just au-
thority may do for the protection of the electoral franchise."

This bill recognizes the authority and duty of the United States to
appoint supervisors to guard and scrutinize the Congressional elec-
tions, but it denies to the Government of the United States all power
to make its supervision effectual. The great body of the people of all
parties want free and fair elections. They do not think that a free
election means freedom from the wholesome restraints of law, or that
the place of an election should.be a sanctuary for lawlessness and

208 LETTERS AND MESSAGES.

crime. On the day of an election peace and good order are more neces-
sary than on any other day of the year. On that day the humblest
and feeblest citizens, the aged and the infirm, should be, and should
have reason to feel that they are, safe in the exercise of their most re-
sponsible duty, and. their most sacred right as members of society, their
duty and their right to vote. The constitutional authority to regulate
the Congressional elections which belongs to the Government of the
United States, and which it is necessary to exert to secure the right to
vote to every citizen possessing the requisite qualifications, ought to be
enforced by appropriate legislation. So far from public opinion in any
part of the country favoring any relaxation of the authority of the
Government in the protection of elections from violence and corruption,
I believe it demands greater vigor, both in the enactment and in the
execution of laws framed for that purpose. Any oppression, any partisan
partiality, which experience may have shown in the working of existing
laws, may well engage the careful attention both of Congress and of
the Executive, in their respective spheres of duty, for the correction of
these mischiefs. As no Congressional elections occur until after the
regular session of Congress will have been held, there seems to be no
public exigency that would preclude a seasonable consideration at that
session of any administrative details that might improve the present
methods designed for the protection of all citizens in the com]>lete and
equal exercise of the right and power of the suffrage at such elections.
But with my views, both of the constitutionality and of the value of
the existing laAvs, 1 cannot approve any measure for their repeal except
in connection with the enactment of other legislation which may reason-
ably be expected to aftbrd wiser and more efficient safeguards for free
and honest Congressional elections.

KUTHERFORD B. HAYES.

Executive Mansion, May 29, 1871).

IMESS^GE

RETURNING TO

THE HOUSE OP EEPEESENTATIVES THE BILL ENTITLED "AN ACT
MAKING APPEOPEIATIONS FOE OEETAIN JUDICIAL EXPENSES."

JUNE 93, 1879.

MESSAGE.

To THE House of Eepresentatives :

After careful examination of the bill entitled "An act making appro-
priations for certain judicial expenses," I return it herewith to the
House of Eepresentatives, in which it originated, with the following
objections to its approval:

The general purpose of the bill is to provide for certain judicial ex-
penses of the Government for the fiscal year ending June thirtieth,
eighteen hundred and eighty, for which the sum of two million six
hundred and ninety thousand dollars is appropriated. These appro-
priations are required to keep in operation the general functions of the
judicial department of the Government, and if this part of the bill
stood alone there would be no objection to its approval. It contains,
however, other provisions, to which I desire respectfully to ask your
attention.

At the present session of Congress a majority of both Houses favor-
ing a repeal of the Congressional-election laws, embraced in title
twenty-six of the Eevised Statutes, passed a measure for that purpose,
as part of a bill entitled "An act making appropriations for the legis-
lative, executive, and judicial expenses of the Government for the fiscal
year ending June 30, 1880, aiid for other purposes." Unable to concur
with Congress in that measure, on the 29th of May last I returned the
bill to the House of Eepresentatives, in which it originated, without
my approval, for that further consideration for which the Constitution
provides. On reconsideration the bill was approved by less than two-
thirds of the House, and failed to become a law. The election laws,
therefore, remain valid enactments, and the supreme law of the land,
binding not only upon all private citizens, but also alike and equally
binding upon all who are charged with the duties and responsibilities
of the legislative, the executive, and the judicial departments of the
Government.

It is not sought by the bill before me to repeal the election laws.
Its object is to defeat their enforcement. The last clause of the first
section is as follows :

"And no part of the money hereby appropriated is appropriated to

212 LETTERS AND MESSAGES.

pay any salaries, eoinpensation, fees, or expenses under or in virtne of
itie twenty-six of the Eevised statutes, or of any i)rovisi()n of said
tie."

Title twenty -six of the Eevised Statntes, referi-ed to in the foregoing-
clause, relates to the elective franchise, and contains the laws now iu
force regulating the Congressional elections.

The second section of the bill reaches much further. It is as fol-
lows :

"Sec. 2. That the sums appropriated in this act for the persons and
public service embraced in its provisions are in full for snch persons
and i)ublic service for the fiscal year ending June 30, 1880, and no De-
partment or otticer of the Government shall, during said tiscal year,
make any contract or incur any liability for the future ])ayment of
money under any of the provisions of title twenty-six of the Eevised
Statutes of the I'nited States authorizing the ai)pointment or payment
of general or special deputy marshals for service in connection with
elections or ou election day, until an appropriation sufticient to meet
such contract or pay such liability shall have first been uuule by law."

This section of the bill is intended to make an extensive and essen-
tial change in the existing laws. The following are the provisions of
the statutes on the same subject which are now in force:

"Sec. 2679. jSTo Department of the Government shall expend, in any
one tiscal year, any sum iu excess of appropriations made by Congress
for that tiscal year, or involve the Goverinnent iu any contract for the
future i)ayment of money in excess of such ai)pro]mations."

"Sec. 2732. No contract or ]>urchase on behalf of the United States
shall be made unless the same is authorized by law, or is under au
appropriation adecjuate to its tultillment, except in the War and Xavy
Dei)artments, for clothing, subsistence, forage, fuel, (piarters, or trans-
portation, which, however, shall not exceed the necessities of the cur-
rent year."

The object of these sections of the Eevised Statutes is plain. It is,
first, to prevent any money from being expended unless appropriations
have been made therefor; and, second, to prevent the Government
from being bound by any contract not previously authorized by law,
except for certain necessary puri)oses in the War and Navy Depart-
ments.

Under the existing laws, the failure of Congress to make the appro-
priations required for the execution of the i)rovisions of the election
laws would not prevent their enforcement. The right and duty to ap-
point the general and special deputy marshals which they provide for
would still remain, and the Executive Department of the Government
would also be empowered to incur the requisite liability for their com-
pensation. But the second section of this bill contains a i)rohibitiou
not Ibund in any previous legislation. Its design is to render the elec-

LETTERS AND MESSAGES. 213

tioii laws inoperative and a dead letter during tlio next fiscal year. It
is souoht to accomplish this by omitting to appropriate inoney for their
enforcement, and by expressly prohibiting any Department or oflBcer
of the Government from incurring any liability under any of the pro-
visions of title twenty-six of the Eevised Statutes authorizing the ap-
pointment or payment of general or special deputy marshals for service
on election days, until an appropriation sufflcient to pay such liability
shall have first been made.

The President is called upon to give his affirmative approval to posi-
tive enactments which in effect deprive him of the ordinary and neces-
sary means of executing laws still left in the statute-book, and embraced
within his constitutional duty to see that the laws are executed. If he
approves tlie bill, and thus gives to such positive enactments the au-
thority of law, he participates in the curtailment of his means of seeing
that the law is faithfully executed while the obligation of the law and
of his constitutional duty remains unimpaired.

The appointment of special deputy marshals is not made by the
statute a spontaneous act of authority on the part of any executive
or judicial officer of the Government, but is accorded as a popular
right of the citizens to call into operation this agency for securing the
purity and freedom of elections in any city or town having twenty
thousand inhabitants or upward. Section 2021 of the Kevised Statutes
puts it in the power of any two citizens of such city or town to require
of the marshal of the district the appointment of these special deputy
marshals. Thereupon the duty of the marshal becomes imi)erative,
and its non-performance would expose him to judicial mandate or pun-
ishment, or to removal from office by the President, as the circum-
stances of his conduct might require. The bill now before me neither
revokes this popular right of the citizens nor relieves the marshal of
the duty imposed by law, nor the President of his duty to see that this
law is faithfully executed.

I forbear to enter again upon any general discussion of the wisdom
and necessity of the election laws, or of the dangerous and unconstitu-
tional principle of this bill, that the power vested in Congress to origi-
nate appropriations involves the right to compel the Executive to
approve any legislation which Congress may see fit to attach to such
bills, under the penalty of refusing the means needed to carry on essen-
tial functions of the Government. My views on these subjects have
been sufBciently presented in the special messages sent by me to the
House of Representatives during their present session. What was
said in those messages I regard as conclusive as to my duty in respect

214 LETTERS AND MESSAGES.

to the bill before me. The arguments urged in those communicatious
against the repeal of the election laws, and against the right of Con-
gress to deprive the Executive of that separate and independent dis-
cretion and judgment which the Constitution confers and requires, are
equally cogent in opposition to this bill. This measure leaves the pow-
ers and duties of the supervisors of elections untouched. The compen-
sation of those officers is provided for under permanent laws, and no
liability for which an appropriation is now required would, therefore,
be incurred by their appointment. But the power of the National
Government to protect them in the discharge of their duty at the polls
would be taken away. The States may employ both civil and military
power at the elections, but by this bill even the ciNdl authority to pro-
tect the Congressional elections is denied to the United States. The
object is to prevent any adequate control by the United States over the
]!^ational elections by forbidding the payment of deputy marslials, the
officers who are clothed with authority to enforce the election laws.

The fact that these laws are deemed objectionable by a majority of
both Houses of Congress is urged as a sufficient warrant for this legis-
lation.

There are two lawful ways to overturn legislative enactments : one
is their repeal; the other is the decision of a competent tribunal against
their validity. The effect of this bill is to deprive the Executive De-
partment of the Government of the means to execute laws which are
not repealed, which have not been declared invalid, and which it is,
therefore, the duty of the Executive and of every other De])artnient of
the Government to obey and to enforce.

I have, in my former message on this subject, expressed a willingness

to concur in suitable amendments for the imi>rovement of the election

laws; but I cannot consent to their absolnte and entire repeal, aud I

. cannot approve legislation which seeks to prevent their enforcement.

EUTHERFORD B. HAYES.

Executive Mansion, June 23, 1879.

INCESS^aE

RETURNING TO

THE HOUSE OF REPRESENTATIVES THE BILL ENTITLED "AN ACT

MAKING APPROPRIATIONS TO PAY FEES OF UNITED STATES

MARSHALS AND THEIR GENERAL DEPUTIES."

JUNE 30, 1879.

MESSAGE.

To THE House of Representatives:

I return to the House of Representatives, in whicli it originated, the
bill entitled "An act making appropriations to pay fees of United States
marshals and their general deputies," with the following objections to
its becoming a law :

The bill approj^riates the sum of six hundred thousand dollars for the
payment, during the fiscal yenr ending June thirtieth, eighteen hundred
and eighty, of United States marshals and tlieir general deputies. The
offices thus provided for are essential to the faithful execution of the
laws. They were created and their i)owers and duties defined by Con-
gress at its first session after the adoption of the Constitution in the
Judiciary Act, which was approved September 24, 1789. Their general
duties, as defined in the act which originally established them, were
substantially the same as those prescribed in the statutes now in force.

The principal provision on the subject in the Revised Statutes is as
follows :

" Section 787. It shall be the duty of the marshal of each district
to attend the district and circuit courts, when sitting therein, and to
execute throughout the district all lawful i>recepts directed to him, and
issued under the authority of the United States; and he shall have
power to command all necessarv assistance in the execution of his
duty."

The original act was amended February 28, 1795, and the amendment
is now found in the Revised Statutes in the following form:

" Section 788. The marshals and their <leputies shall have in each
State the same powers in executing the laws of the United States as the
sheriffs and tlieir deputies in such State may have by law in executing
the laws thei-eof."

By subsequent statutes, additional duties have been from time to
time imposed upon the marshals and their deputies, the due and regu-
lar performance of which are required for the efficiency of almost every
branch of the public service. Without these officers there Avould be no
means of executing the warrants, decrees, or other process of the courts,
and the judicial system of the country would be fatally defective. The
criminal jurisdiction of the courts of the United States is very exten-

218 LETTERS AND MESSAGES.

sive. The crimes committed within the maritime jurisdiction of the
United States are all cognizable only in the courts of the United States.
Crimes against public justice; crimes against the operations of the
Government, such as forging or counterfeiting the money or securities
of the United States; crimes against the postal laws; offences against
the elective franchise, against the civil rights of citizens, against the
existence of the Government; crimes against the internal-revenue laws,
the customs laws, the neutrality laws; crimes against laws for the pro-
tection of Indians, and of the public lands— all of these crimes, and
many others, can be punished only under United States laws — laws
which, taken together, constitute a body of jurisprudence which is ^^tal
to the welfare of the whole country, and which can be enforced only by
means of the marshals and deputy marshals of the United States. In
the District of Columbia all of the process of the courts is executed by
the officers in question. In short, the execution of the criminal laws of
the United States, the service of all civil process in cases in which the
United States is a party, and the execution of the revenue laws, the
neutrality laws, and many other laws of large importance, depend on
the maintenance of the marshals and their deputies. They are in eft'ect
the only police of the United States Government. Officers with corre-
sponding powers and duties are found in every State of the Union and
in every country which has a jurisprudence which is worthy of the
name. To deprive the National Government of these officers would be
as disastrous to society as to abolish the sheriffs, constables, and police
officers in the several States. It would be a denial to the United States
of the right to execute its laws— a denial of all authority which requires
the use of civil force. The law entitles these officers to be paid. The
funds needed for the purpose have been collected from the people, and
are now in the Treasury. No objection is therefore made to that part
of the bill before me Avhich appropriates money for the support of the
marshals and deputy marshals of the United States.

The bill contains, however, other provisions which are identical in
tenor and effect with the second section of the bill entitled "An act
making appropriations for certain judicial expenses," which, on the 2;>d
of the present month, was returned to the House of Eepresentatives
with my objections to its approval. The provisions referred to are as
follows :

"Sec. 2. That the sums appropriated in this act for the persons and
public service embraced in its provisions are in full for such persons
and i)ublic service for the fiscal year ending June thirtieth, eighteen
hundred and eightv; and no Department or officer of the Government
shall, during said iiscal year, make any contract or incur any liability

LETTERS AND MESSAGES. 219

for tlie future payment of money under any of the provisions of title
twenty-six mentioned in section one of this act until an appropriation
sufficient to meet such contract or pay such liability shall have first
been made by law."

Upon a reconsideration, in the House of Kepresentatives, of the bill
which contained these provisions it lacked a constitutional majority,
and therefore failed to become a law. In order to secure its enactment
the same measure is again presented for my approval, coupled in the
bill before me with appropriations for the support of marshals and their
deputies during the next fiscal year. The object manifestly is to place
before the Executive this alternative: either to allow necessary func-
tions of the public service to be crippled or suspended for want of the
appropriations required to keep them in operation, or to approve legis-
lation which in ofticial communications to Congress he has declared
would be a violation of his constitutional duty. Thus, in this bill the
principle is clearly embodied that, by virtue of the provision of the Con-
stitution which requires that "all bills for raising revenue shall origi-
nate in the House of Eepresentatives," a bare majority of the House
of Representatives has the right to withhold appropriations for the
support of the Government unless the Executive consents to approve
any legislation which may be attached to appropriation bills. I respect-
fully refer to the communications on this subject which I have sent to
Congress during its present session for a statement of the grounds of
my conclusions, and desire here merely to repeat that, in my judgment,,
to establish the principle of this bill is to make a radical, dangerous^
and unconstitutional change in the character of our institutions.

EUTHEEFOED B. HAYES.

Executive Mansion, June 30, 1879.

IVEESS^aE

THE TWO HOUSES OF CONGRESS.

JUNE 30, 1879.

MESSAGE.

To THE Senate and House of Eepresentatives :

The bill luakiug provision for the payment of the fees of United
States marshals and their general deputies, which I have this day re-
turned to the House of Eepresentatives, in which it originated, with
my objections, having upon its reconsideration by that body failed to
become a law, I respectfully call your attention to the immediate
necessity of making some adequate provision for the due and efficient
execution by the marshals and deputy marshals of the United States
of the constant and important duties enjoined upon them by the ex-
isting law^s. All appropriations to provide for the performance of
these indispensable duties expire to-day. Under the laws prohibiting
public officers from involving the Government in contract liabilities
beyond actual appropriations, it is apparent that the means at the
disposal of the Executive Department for executing the laws through
the regular ministerial officers will after to-day be left inadequate.
The suspension of these necessary functions in the ordinary adminis-
tration of the first duties of Government for the shortest period is
inconsistent with the public interests, and at any moment may prove
inconsistent with the public safety.

It is impossible for me to look without grave concern upon a state
of things which will leave the public service thus unprovided for and
the public interests thus unprotected, and I earnestly urge upon your
attention the necessity of making immediate appropriations for the
maintenance of the service of the marshals and deputy marshals for
the fiscal year which commences to-morrow.

RUTHERFORD B. HAYES.

Executive Department, June 30, 1879.

ADDRESS

ANNUAL EEUNION OP THE TWENTY-THIRD EEGIMENT, OHIO VETEEAN
VOLUNTEER INEANTRY, AT YOUNGSTOWN, OHIO.

SEPTEMBER 17, 1879.

ADDRESS.

Comrades and Fellow Citizens :

After almost a year spent in Washington, engrossed in public affairs,
it is a great pleasure to visit again my friends in Ohio, and especially to
meet so many of my old comrades at this yearly reunion of the Twenty-
third Eegiraent. Since we last met at Willoughby, a year ago, there
has been a vast improvement in the business condition of our country.
Whatever differences of opinion may be still found among the people of
this part of Ohio as to the importance of the resumption of specie pay-
ments, and as to the methods by which it has been accomplishea, there
is one kind of resumption which is very noticeable in Toungstown, and
which is making rapid progress in the whole country, about which I
imagine we are all heartily agreed. When I last visited this beautiful
valley of the Mahoning, four years ago, the financial crisis, and the
gloomy outlook for business and labor and capital, occupied the thoughts
and depressed the spirits of the people wherever I met them, whether
ju public assemblies, at their places of business, or at their hospitable
homes. Now, however, how great and how gratifying is the change t
All around us here, and throughout the country generally, we see cheer-
ing and hopeful indications of better times. Not only have specie pay.
ments been resumed, but business activity and profitable employment
for capital and labor have come also. The chief industry and interest
of this valley — the great iron interest — already begins to share largely
in the benefit of our improved condition, and I therefore heartily con-
gratidate all classes of citizens in this large assemblage on the present
favorable business situation, and on the bright and encouraging pros-
pect which the future holds out.

There is a subject interesting to every citizen, and especially to those
who served in the Union Army, in regard to which I wish to say a few
words:

Since our last reunion, in several of the States and in Congress, events
have occurred which have revived the discussion of the question as to
the objects for which we fought in the great conflict from 1861 to 1865,
and as to what was accomplished by the final triumph of the Union
cause. The question is, What was settled by the wax? What may

228 LETTERS AND .MESSAGES.

those who foughtfortheUnion justly claim; and what ouoht those who
fought for secession, faithfully to accei)t as the legitimate results of the
war?

An eminent citizen of our State, Mr. Groesbeck, said some years ago,
that "war legislates." He regarded the new constitutional amend-
ments as part of the legislation of the war for the Union, and said, with
significant emphasis, "and they will stand." The equal -rights amend-
ments are the legislation of the war for the Union, and they ought to
stand. Great wars always legislate. A little more than a hundred
years ago, this land, where we now are, was claimed and held by France.
General Wolfe, on the ])lains of Abraham, settled that claim, and the
result was the transfer of the title and jurisdiction of this entire section
of the country to England. For a few years its chief ruler was the
English King. The Revolution followed, and the question of its
ownership was again the subject of war legislation, and it became a
part of the United States, no longer under a monarchy, but under a -
free Republican Government.

i need not enter into any discussion of the causes of our civil war.
We all know that the men who iilanned the destruction of the Union
and the establishment of the Confederate States, based their attempt
on a construction of the Constitution called the State-rights doctrine,
and on the interest of the people of those States in the extension and
perpetuation of slavery. The doctrine of State-rights was, that each
State was sovereign and supreme, and might nullify the laws of the
Union or secede from the Union at pleasure. They held that slavery
was the natural and normal condition of the colored man, and that,
therefore, slavery in this liountry could and should be the corner-stone I
of a free government.

Ko man has ever stated the issues of the civil war more fully, more
clearly, or more accurately than Mr. Lincoln. In any inquiry as to \
what may fairly be included among the things settled by our victory,
all just and ijatriotic minds instinctively turn to Mr. Lincoln. To him,
more than to any other man, the cause of Union and liberty is indebted
for its final triumph. Besides, with all his wonderful sagacity, and
wisdom, and logical taculty, dwelling intently, and anxiously, and pray-
erfully, during four years of awful trial and responsibdity, on the
questions which were continually arising to i)erplex and almost con-
found him, he at last became the very embodiment of the principles by
w^hich the country and its liberties were saved. All good citizens may
now well listen to and heed his words. None have more reason to do
it with respect and confidence, and a genuine regard, than those whom

LETTERS AND MESSAGES. 229

he addressed in his first inaugural speech as "my dissatisfied fellow-
countrymen." The leader of the Union cause was so just and moderate,
and patient and humane, that many supporters of the Union thought
that he did not go far enough or fast enough, and assailed his opinions
and his conduct ; hut now all men begin to see that the plain people,
who at last came to love him, and to lean upon his wisdom and firmness
with absolute trust, were altogether right, and that in deed and pur-
pose he was earnestly devoted to the welfare of the whole country, and
of all its inhabitants.

Believing that :\Ir. Lincoln's opinions are of higher authority on the
questions of the war than those of any other pubhc man on either side
of the controversy, I desire to present them quite fully and in his own
language.

In the third year of the war, and while its result Avas still undecided,
Mr. Lincoln made his memorable address at the consecration of the
Gettysburg National Cemetery, on the IDth of November, 1S03. He
was standing on the field of the greatest battle of the war. He was, no
doubt, deeply impressed with the heavy responsibilities which he had
borne so long. He spoke not as a partisan, embittered and narrow and
sectional, but in the broad and generous spirit of a patriot, solicitous
to say that which would be worthy to be pondered by all of his coun-
trymen throughout all time. In his^ short speech of only two or three
paragraphs he twice spoke of the objects of the war, once in its opening
and again in its closing sentence. The words have been often quoted,
but they cannot be too familiar. They bear clearly and forcibly on the
question we are considering.

"Four score and seven years ago," said Mr. Lincoln, "our fathers
brought forth on this continent a new Nation, conceived in liberty and
dedicated to the proposition that all men are created equal. Now we
are engaged in a great civil war, testing whether that Nation, or any
Nation so conceived and so dedicated, can long endure."

And again, in closing, he said: " It is rather for us * * * that
we here highly resolve that the dead shall not have died in vain ; that
the Nation shall, under God, have a new birth of freedom; and that
Government of the people, by the people, and for the people, shall not
perish from the earth."

No statement of the true objects of the war more complete than this
has ever been made. It includes them all— Nationality, Liberty, Equal
Eights, and Self-Government. These are the principles for which the
Union soldier fought, and which it was his aim to maintain and to per-
petuate.

230 LETTERS AND MESSAGES.

If any oue supposes that that construction of our National Constitu-
tion, which is known as the State-riglits doctrine, is consistent with
sound principles, let him consider a few paragraphs from Mr. Lincoln's
first message to Congress, at the extra session of ISGl.

Speaking of what was called the right of peaceful secession — that is,
secession in accordance with the National Constitution — he said :

"This sophism derives much, perhaps the whole, of its currency
from the assumption that there is some omnipotent and sacred suprem-
acy pertaining to a State — to each State of our Federal Union. Our
States have neither more nor less power than that reserved to them in
the Union by the Constitution, no oue of them ever having been a State
out of the Union. The original ones passed into the Union even before
they cast off their British colonial dependence, and the new ones each
came into the Union directly from a condition of dependence, except-
ing Texas. And even Texas, in its temporary independence, was never
designated a State. The new ones only took the designation of States
on coming into the Union, while that name was first adopted for the
old ones in and by the Declaration of Independence. Therein the
'United Colouies' were declared to be 'free and independent States;'
but, even then, the object plainly was not to declare their indepen-
dence of o)ie another, or of the Union, but, directly the contrary, as their
mutual i^ledge, and their mutual action, before, at the time, and after-
wards, abundantly show. The express ])lighting of faith by each and all
of the original thirteen, in the articles of Confederation, two years later,
that the Union shall be jierpetual, is most conclusive. Having never been
States, either in substance or in name, outside of the Union, whence
this magical omnipotence of 'State-rights,' asserting a claim of ])ower
to lawfully destroy the Union itself"? Much is said about the 'sov-
ereignty' of the States; but the word, even, is not in the Xational
Constitution, nor, as is believed, in any of the State constitutions.
What is a 'sovereignty,' in the ])olitical sense of the term? Would
it be far wrong to define it 'A political community, without a political
sujierior V Tested by this, no one of our States, except Texas, ever was
a sovereignty; and even Texas gave uj) the character on coming into
the Union; by which act she acknowledged the Constitution of the
United States, and the laws and treaties of the United States made in
pursuance of the Constitution, to be, for her, the supreme law of the
land. The States have their .status in the tlnion, and they have no
other legal status. If they break from this, they can only do so against
law, and by revolution. The Union, and not themselves separately,
procured their indei»endence and their liberty. By conquest, or i)ur-
chase, the Union gave each of them whatever of iudei)endence and
liberty it has. The Union is older than any of the States, and, in fact,
it created them as States, Originally, some dependent colonies made
the Union, and, in turn, the Union tlirew off their old dependence for
them, and made them States, such as they are. Xot one of them ever
had a State constitution in<lei)endent of the Union. Of course, it is
not forgotten that all the new States framed their constitutions before
they entered the Union; nevertheless, dependent upon, and prepara-
tory to, coming into the Union."

Unquestionably the States have the powers and rights reserved to

LETTERS AND MESSAGES. 231

them in and by the National Constitution; and upon this point, in
another part of this great message, Mr. Lincoln says :

" This relative matter of National power and State-rights, as a prin-
ciple, is no other than the principle of generality and locality. What-
ever concerns the whole should be confided to the whole — to the Gen-
eral Government; while w^hatever concerns only the State should be
left exclusively to the State. This is aU there is of original principle
about it."

Mr. Lincoln held that the United States is a Nation, and that its
Government possesses ample power under the Constitution to maintain
its authority and enforce its laws in every part of its territory. The
denial of this principle by those who asserted the doctrine of State-
rights, and who rightly claimed that it was inconsistent with State
sovereignty, made up an issue over which arose one of the leading
controversies which led to the civil war. The result of the war decided
that controversy in favor of nationahty and in favor of the supremacy
of the National Government.

On the question of human rights, Mr. Lincoln was equally explicit,
and often declared that it was involved in the conflict, and to be decided
by the result. In his matchless message, already quoted, he says :

"Our adversaries have adopted some declarations of independence,
in which, uulike the good old one, penned by Jefferson, they omit the
words, ' all men are created equal.' Why ? They have adopted a tem-
porary national constitution, in the preamble of which, unlike our good
old one, signed by Washington, they omit, ' We, the people,' and substi-
tute, ' Wo, ttie deputies of the sovereign and independent States.' Why %
Why this deliberate pressing out of view the rights of men, and the
authority of the people? This is essentially a People's contest. On
the side of the Union it is a struggle for maintaining in the world that
form and substance of government whose leading object is to elevate
the condition of men ; to lift artificial weights from all shoulders ; to
clear the paths of laudable pursuit to all ; to afford all an unfettered
start, and a fair chance in the race of life. Yielding to partial and
temporary departures, from necessity, this is the leading object of the
Government for whose existence we contend. I am most happy to
believe that the plain people understand and appreciate this."

On the subject of suffrage, Mr. Lincoln's guiding principle was that
"no man is good enough to govern another man without that other
man's consent."

Thus we have from the lips and pen of Mr. Lincoln— the great leader
and representative of the Union cause— in the most solemn and authen-
tic form, a complete statement of the issues of the war. He held that
the Union is perpetual; that its Government is national and supreme;
and that all of its inhabitants should be free, and be accorded equal
civil and poUtical rights.

232 LETTERS AND MESSAGES.

These are the great fundamental principles, affirmed on the one side,
and denied on the other, iii)on which the appeal was made to the God
of battles. I do not undertake to review the debate as to the nature
and powers of the Government of the Union, and as to the doctrine of
State-rights, which began with the foundation of our institutions, and
which was continued until it was hushed by the clash of arms. It is
enough for my present purpose to say that, as a matter of history, all of
the political i)arties of the past, when charged with the responsibility of
directing the affairs of the Government, have maintained, in their prac-
tical administration of it, precisely the same principles which were held
by President Lincoln. The principles as to the powers of the National
Government which were acted upon by Washington and Jackson, and
which are sustained by the decisions of Chief Justice Marshall, and by
which Lincoln and the Union armies crushed the rebellion and rescued
the Eepublic, are among the legitimate and irreversible results of the
war which ought not to be questioned.

Touching the remaining important controversy settled by the war,
the public avowals of opinion are almost all in favor of the faithful
acceptance of the new constitutional amendments. On this subject the
speeches of public men and the creeds and platforms of the leading
political parties have for some years past been explicit. In 1S72, all
parties in their respective National Conventions adoi)ted resolutions
recognizing the equality of all men before the law, and pledging them-
selves, in the words of the Democratic National Convention, "to main-
tain emancipation and enfranchisement, and to oppose the reopening of
the questions settled by the recent amendments to the Constitution." In
1876, the great political parties again, in the language of the St. Louis
National Convention, affirmed their " devotion to the Constitution of the
United States, with its amendments universally accepted as a final settle-
ment of the controversies that engendered the civil war." Notwith-
standing these declarations, we are compelled to take notice that, while
verj' few citizens anywhere woidd wish to re-establish slaverj^ if they
could, and no one would again attempt to break up the Union by seces-
sion, there still remains in some communities a dangerous practical denial
to the colored citizens of the political rights which are guaranteed to
them by the Constitution as it now is. In the crisis of the war, Mr.
Lincoln appealed to the colored people to take up arms. About two
hundred thousand res]»onded to the call, enlisted in the Union armies,
and fought for the Union cause under the L^nion flag. Equality of
rights for the colored people, from that time, thus became one of the
essential issues of the war. General Sherman said, "when the fight is

LETTERS AND MESSAGES. 233

over, the hand that drops the musket caunot be denied the ballot."
Jefferson said long before, "the man wlio fights for the country is en-
titled to vote." When, with the help of the colored men, the victory
was gained, the Fifteenth Amendment followed naturally as one of its
legitimate results. No man can truthful!}' claim that he faithfully
accepts the true settlements of the war, Avho sees with indifference the
Fifteenth Amendment practically nullified.

No one can overstate the evils which the country must suffer if law-
less and violent opposition to the enjoyment of constitutional rights is
allowed to be permanently successful. The lawlessness which to-day
assails the rights of the colored people will find other victims to-mor-
row. This question belongs to no race, to no party, and to no section.
It is a question in which the whole country is deeply interested.
Patriotism, justice, humanity, and our material interests, all plead on
the right side of this question. The colored people are the laborers
who x)roduce the cotton which, going abroad to the markets of the
world, gives us that favorable balance of trade which is now doing so
much for the revival of all business. The whole fabric of society rests
upon labor. If free laborers suffer from oppression and injustice, they
will either become discontented and turbulent, destroyers of property,
and not producers of property, or they will abandon the communities
which deprive them of their inalienable rights. In either case, social
order and the peaceful industries upon which prosperity depends are
imperilled and perhaps sacrificed. It will not do to say that this is an
atfair which belongs solely to the distant States of the South. The
whole country must suffer if this question is not speedily settled, and
settled rightly. Where the two races are numerous, prosperity can only
exist by the united and harmonious efforts of both the white people and
the colored people. The only solid foundations for peace and progress
in such communities are equal and exact justice to both races. Con-
sider the present situation ? Whatever complaints may have been heard
during the i^rogress of reconstruction, candid men must admit that all
sections and all States are now equally regarded, and share alike the
rights, the privileges, and the benefits of the common Government.
All that is needed for the permanent pacification of the country is, the
cordial co-operation of all well-disposed citizens to secure the faithful
observance of the equal-rights amendments of the 'Constitution.

Happily, in the very communities where lawlessness has been most
general and most successful, there are editors of newspapers and other
influential citizens who speak out and denounce these crimes against
free government. It is plain that a sound ijublic opinion is forming

234 LETTEES AND MESSAGES.

where it is most needed, ^o community can afford to allow any of its
citizens to be oppressed — to lose their riglits. To be indifferent on tlie
subject is to disregard interest and duty. The Union citizens and sol-
diers can do much to remove the evils we are considering. Let it be
understood that no public man in any party will be sustained unless he
will undertake to carry out in good faith the pledges made in all our
platforms in regard to the rights of colored citizens; unless he will sujd-
port laws providing the means required to punish crimes against them;
and unless he will oppose the admission of any man to either House of
Congress whose seat has been obtained by the violation of the Fifteenth
Amendment. The right of suffrage is the right of self-protection. Its
free exercise is the vital air of Republican institutions.

To establish now the State-rights doctrine of the supremacy of the
States, and an oligarchy of race, is deliberately to throw away an essen-
tial part of the fruits of the Union victory. The settlements of the
war in favor of equal rights and the supremacy of the laws of the Nation
are just and wise, and necessary. Let them not be surrendered. Let
them be faithfully accepted and firmlj- enforced. Let them stand, and,
with the advancing tide of business prosperity, we may confidently
hope, by the blessing of Di\ine Providence, that we shall soon enter
upon an era of harmony and progress such as has been rarely enjoyed
by any people.

ADDRESS

THE MICHIGAN STATE FAIR, AT DETROIT,

SEPTEMBER 18, 1879.

ADDRESS.

Fellow-Citizens of Michigan:

E-eacliing Detroit only a few hours ago, I cannot, from x^ersonal ob-
servation, speak of the condition of your agriculture, or of your min-
ing, manufacturing, and other large business interests. The informa-
tion which I get, however, from the newspapers and from conversations
with intelligent citizens, leads me to suppose that the outlook for the
laborer, the capitalist, and the people generally, is, in this State, at
least as favorable as that of the people of the country at large. This
is what one would expect from its well-known advantages. Your State
is almost surrounded by the navigable waters of inland seas, which
communicate with many markets in different States, and in countries
beyond the ocean. It is midway, by the best of railway-routes of
travel and trade, between the old and the new States. It has mines of
copper and iron. It has manufactures, salt, and lumber, and raises in
abundance the most valuable crops and animals which are produced in
the north temperate zone. It possesses a climate which is healthful
and friendly to labor, and which gives vigor and character to men and
women. Satisfactory as the material resources of Michigan unques-
tionably are, they do not constitute that excellence which perhaps
chieiiy attracts the admiration, and possibly excites the envy, of your
less fortunate neighbors. All the world knows that when the list is
made up of the most favored States of this country, and of the most
favored countries of the Old World, with respect to education — either
general education or the higher education — an honored and very con-
spicuous place on that list must be given to the State of Michigan.

A year ago, making a visit of two or three weeks to the West and
ISTorthwest, I thought it might be useful to speak of the financial con-
dition of the country, and to present a hopeful view of the situation
and prospects. The business depression which followed the panic of
1873 had then lasted five years ; but there were indications of improve-
ment, and it seemed to me that what was most needed was confidence,
and that a presentation of encouraging facts and figures would tend
to inspire confidence. It was my opinion, also, that there could be no
permanent revival of business prosperity until the currency was placed

238 LETTERS AND MESSAGES.

upon a sound basis, and was excliangeable at its par value in the uni-
versally-recognized money of the world. The friends of the constitu-
tional currency generally believed that this end could only be reached
by the faithful execution of the Eesumption Act ; that there was no
need of further legislation; and that the true policy was to stop tink-
ering with the currency. Accordingly, the pith of what I wished to
say last year to audiences like this was, that we ought to " let well
enough alone." Now the resumption of specie payments has come, and
with it have come also better times.

The evidences of good times are numerous, palpable, and cheering.
One bright day in June last, more steamers — more shipping of all
sorts — gathered in NewTork harbor than was ever before seen in that
great mart of commerce, and their tonnage was in greater excess com-
paratively than the number of vessels. The lines of the Pennsylva-
nia Railroad east of Pittsburgh and Erie, for the first seven months of
this year, as compared with the same period in 1878, show an increase
of gross earnings of $1,208,294, an increase of expenses of $750,985,
and an increase in net earnings of $448,309; the lines of the Philadel-
phia and Eeading Railroad (the great anthracite-coal road) a net in-
crease of $1,340,000 for the same period. The latest published state-
ment of the Erie Railway Company shows a net increase of $561,000.
The Baltimore and Ohio Raikoad Company shows a net increase of
#532,000 for the first ten months of its current fiscal year, beginning in
October last. It is estimated that more than a thousand miles of rail-
road track have already been laid this year in the United States — a
greater mileage than in the same period in any year since 1873. Work-
ers in iron and steel find their business recovering so rapidly from its
great depression that they are unable to fill their orders, and their
annual production is likely soon to surpass the highest figures ever
reached. The building of iron steamships in successful competition
with Europe is fully established on the Delaware. Our cotton facto-
ries are again all at work, and running on full time. Our mines of
precious metals are increasing their product, and it mainly stays at
home. Our manufactures go abroad more than ever before; our cur-
rency is exchangeable at par in the markets of the world_^with the
money of the world ; and, finally, and most important, the demand for
labor has increased and is increasing. It extends to cotton-mills,
iron and glass-works, machine-shops, brick-making, building, the
clothing trade, and nearly all branches of industry. The "Philadel-
phia Record," on the authority of a well-known statistician, states that
there are twenty thousand more laborers employed in that city than

LETTERS AND MESSAGES.

239

there were a year ago. Our exports for the year 1878 amoimted to
$710,439,441, and the excess of exports over imports was $264,661,001,
both sums being greater than in any previous year.

The following tables show the rapid advance our farmers and manu-
facturers are making in supplying both the foreign and the home mar-
kets. They were prepared by Mr. Joseph Nimmo, jr., the able chief
of the Bureau of Statistics of the Treasury Department:

DOMESTIC EXPORTS.

Values of ilie

2)rincq)al commodHies of domestic prod uciion the exportation of ivhich greatly
increased from June ".50, 1868, to June 30, 1879.

Commodities.

Vnlue exported during the
year euded June 30 —

Agricultural implements

Animals, living :

Bread and bieadstufifs

Coal v;---

Copper and brass, and manufactures of, not including
copper ore

Cotton, manufactures of

Fruit

Iroii and steel, and manufactures of, exclusive of fire-
arms, but including scales and balances, sewing-ma-
chines and tire-engines

Leather of all kinds

Mineral oil, illuminating

Provisions

Sugar, refined

TaSow

Total

1868.

$673, 381

733, 395

69, 024, 059

1, 516, 220

496, 320

4, 871, 054

406, 512

5, 491, 306

607, 105

19, 752, 143

30, 436, 642

313, 378

2, 540, 227

136, 861, 751

1879.

$2, 9.33, 388

11, 487, 754

210, 35.-., 528

2, 319, 398

3, 031, 924
10, 853, 950

1, 916, 382

12, 766, 294
6, 800, 070

35, 999, 8(i2

116, 858, 650

6, 164, 024

6, 934, 940

Increase in
1879 over
1868.

$2, 260, 007

10, 754, 3.59

141, 331, 469

803, 178

2, 535, 595
5, 982. 896
1, 509, 870

7, 274, 988
6, 192, 965
16, 247, 719
86, 422, 008
5, 850, 646
4, 394, 713

428, 422, 164

291, 560, 413

VALUES OF CERTAIN DOMESTIC EXPORTS.

Comparative statement of the values of certain articles of domestic production exported from
the United States during the f seal years ended Jvne 30, 1873, 1876, and 1879.

Articles.

Fiscal year ended June 30 —

Indian-corn

Wheat

Wheat-flour

Cotton manufactured, (colored and uncol

ored)

Railroad-bars

Locomotives

Mineral oil, illuminating

Bacon and liams

Beef, fresh and salted

Butter

Cheese

Lard

Sugar, refined

ToDacco, leaf

123, 794, 694
51, 452, 254
19, 381, 664

2, 252, 028

104, 054

9.52, 655

37, 195, 735

35, 022, 137

2, 447, 481

952, 919

10, 498, 010

21, 245, 815

1, 142, 824

22,689,135

!|33, 265, 280

68, 382, 899

1 24,43.3,470

1 6, 770, 200

57, 109

.561, 559

1 28,7.5.5,638

I 39,664,456

I 3, 186, 304

i 1, 109, 496

12, 270, 083

22, 429, 485

5, 5.52, 587

22, 737, 383

840, 655, 120
130, 701, 079
29, 567, 713

9, 497, 416

233, 514

567, 302

35, 999, 862

51, 074, 433

7, 219, 458

5, 421, 205
12, .579, 968
22, 856, 673

6, 164, 024
25, 157, 364

Increase in
1879 over
1876.

$7, 389, 840
62, 318, 180
5, 134, 243

2, 727, 216

176, 405

5,743

7, 244, 224
11, 409, 977

4, 033, 154

4, 311, 709
309, 885
427, 188
611, 437

2, 419, 981

3 n

22.2
91.1
21.0

40.3

308.9

1.0

25.2

28.8

126.6

388.6

2.5

1.9

11.0

10.6

240

LETTERS AND MESSAGES.

QUANTITIES OF CKRTAIX DOMESTIC EXPORTS.

Comparative statement of the qtiavtities of certain articles of domestic production exported
frovi the United States during the fiscal years ended June 30, 1873, 1876, and 1879.

Aitic-les.

Iiuliaii-corii Imsliela.

Wheat liushels

"Wlicattldiir . -banels.

Cotton, iiiaimlactuied, colored and

iimolored yds

Locomotives -■ ■ ■ >>'o

Railioadliais pounds

Miiieial oil. illuniiiiatiiifr. ... jialls

Bacon and lianis . . ; ]iound.s

Beef, IVcsli and salted jiounds

Butter ])ounds

Cheese I)Ouuds

Lard pounds

Sugar, refined pounds.

Tobacco, leaf pounds.

Fiscal year ended June 30 —

38,541,930

39, 204, 285

2, 562, 086

13, 772, 774

2, 832, 592

l.'-.8, 102, 414

395, 381, 737

31, CO,^ U'O

4,518,844

80, 306, 540

230, 534, 207

9, 870, 738

213, 995, 176

49, 493, 572
55, 073, 122

3, 935, 512

75, 807, 481

2, 244, 704

204, 814, 673

327, 730, 172

30, 590, 150

4, 044, 894
97, tno, 204

108. 405, 839

51, 840, 977

218, 310, 265

86, 296, 252

122, 353, 936

5, 629, 714

129, 197, 377
73

14, 097, 583
331, 586, 442
732, 249, 576

90, 970, 395

38, 248, 016
141,654,474
326, 658, 686

72, 309, 009
322, 279, 540

Iucrea.se in -i^ »
1879 over § ©
1876. ? o

36, 802, 680

67, 2b0, 814

1, 094, 202

53, 389, 896

11,852,879

126,771,769

404, 519, 404

54, 380, 245
33, 003, 122
43, 978, 210

158, 252, 847
20, 468, 032
103, 969, 275

74.4

122.2

43.0

70.4

65.9

528.0

61.9

123. 4

148.6

723.4

45.0

94.0

39.5

47.6

VaJiKK of the principaJ commodities of foreign production the importation of which greatly
decreased from June 30, 1873, to June 30, 1879.

Commodities.

"Watches and watch-movements and materials.

Textiles:
Cotton, manufactures of, (not including ho-
siery, shiits. and drawers)

Flax, manufactures of

Silk, manufactures of

Clothing, (inchiding hosiery, shirts, and

drawers of cotton and wool)

Wool, and manufactures of:

Uumanufactured

Carpets

Dress-goods - - - ■

Other manufactures of, (not including
hosieiy, shirts, and drawers)

Value imported during the year ended Decrease of
J"°e 3"- 1879 as

— compared
with 1873.

1878.

1879.

§812, 582

$920, 599 $2, 354, 226

129, 752, 116
20, 428, 391
29, 890, 035

8, 496, 993

20, 4.33, 938
4, 388, 257
19, 447, 797

$14, 398, 791
14, 413, 000
19, 837, 972

6, 540, 587

8, 303, 015

398, 389

12, 055, 806

$14, 930, 975
14, 693, 842
24, 013, 398

5, 034, 555

367, 105

12, 436, 861

Total textiles .

Iron and steel, and manufactures of:

Pig-iroTi

Bar, boiler, band, hoop, scridl, and .sheet-iron .
Anchors, cables, cliains. castings, hardware,

machinery, old and scrap iron

Railroad-bars or rails

Steel ingots, bars, sheets, and wire

rircarms, tiles, cutlery, saws, and tools

All other manufactures of

Total iron and steel .

.59, 308, 452

Copper, and manufactures of, (uot including

co))])er ore)

Lead, anil uianufa<'tures of

Leatlu r of all kinds

India-rubber and gutta-percha, manufactures

Tea

$3, 687, 096
3, 247, 153
6, 766, 202

900, 187
24, 466, 170

$371, 518

301, 894

3, 784, 729

242, 504
15, COO, 168

$294, 707

64, 340

3, 667, 564

174. 137
14, ,577, 618

14, 821, 141
5, 734, 549
5, 876, 037

6, 560, 456 1, 936, 537

15, 399, 383
4, 021, 152
7, 010, 936

20,626,721

12,193,037

11, 158, 030

15, 468, 691

1.59, 404, 248

88, 201, 197

89, 195, 222

70, 269, 026

$7, 293, 769
7, 477, 556

$1, 250, 057
1, 627, 052

$1, 924, 128
1, 378, 976

$5, 279, 641
6, 098, 580

9, 416, 293
19, 740, 702
4, 1.5.5, 2.34
4, 093, 097
7, 221, 801

920,790

530

1,2-20,037

1,029,001

2,410,10.-.

845, 306

78,257

1.281,942

1,846,026

2, 091, 853

8, 570, 927
19, 062, 445
2, 873, 292
2, 246, 471
5, 129, 948

9, 447, 148 4!l, 801, 304

$3, 392, 389
3, 182, 813
3, 098, 638

726, 050
9, 888, 552

Grand total 261, 114, 333 118, 492, 284 i 118, 341, 335 142, 772, 998

LETTERS AND MESSAGES. 241

With these authentic and significant facts and figures before us, we
may reasonably assume that the country has entered again upon a
period of business prosperity. The interesting questions now are,
have the good times come to stay ? What can we do in private and
in public affairs to prolong the period of prosperity, and to mitigate
the severity of hard times when they again return? The prospects
are now bright, but all experience teaches that the wheel of human
affairs, always turning, brings around those tremendons events called
financial panics, if not with regularity, at any rate with certainty. Tlie
writer of an intelligent article in one of the monthlies says : " Panics, it
has been observed, recur about every twenty years in this country, and
almost every ten years in England." The explanation of this is not
difficult to discover. In good times the tendency is to extravagance
to speculation, and to running in debt. Many spend more than they
earn, and the balance of trade soon begins to run against communities
and individuals. When this has continued until the business of the
country is loaded down with debts, a financial crisis is inevitable, and
only waits for "the last straw." If this view is correct, the way to meet
the dangerous tendencies of flush times is plain. Let two of Doctor
Franklin's homely proverbs be strictly observed by individuals and by
communities. One is: "Never live beyond your means;" and the other
is like unto it, namely — "Pay as you go."

It is easy to see that, if these old maxims of the philosophy of common
sense could have general practical acceptance, the period of good times
would be greatly prolonged, and the calamities of hard times would be
vastly diminished. There can be no great financial crisis without large
indebtedness, and the distress which it brings is in proportion to the
extent of the extravagance, speculation, and consequent indebtedness
which have caused it. Those who are out of debt suffer least. Where
the debts are heaviest the calamity is heaviest. But it is of public in-
debtedness, and especially of the debts of towns and cities, that I wish
to say a few words.

The practice of creating public debts, as it prevails in this country,
especially in municipal government, has long attracted very serious at.
tention. It is a great and growing evil. States, whose good name and
credit have been hitherto untarnished, are threatened with repudiation.
Many towns and cities have reached a point where- they must soon face
the same peril. I do not now wish to discuss the mischiefs of repudia-
tion. My purpose is merely to make a few suggestions as to the best way
to avoid repudiation. But, in passing, let me observe : Experience in
this country has shown that no State or community can, under any cir.
IG

242 LETTERS AND MESSAGES.

cumstances, gain by repudiation. The repudiators themselves cannot
afford it. The community that deliberately refuses to provide for its
honest debts loses its good name and shuts the door to all hope of future
prosperity. It demoralizes and degrades all classes of its citizens. Cap-
ital and labor and good people will not go to such communities, but will
surely leave them. If I thought my words could influence any of my
countrymen who are so unfortunate as to be compelled to consider this
question, I would say,Llet no good citizen be induced by any prospect
of advantage to himself or to his party to take a single step towards
repudiation. Let him set his face like flint against the first dawning of
an attemi^t to enter upon that downward pathway. It has been well
said that the most expensive way for a community to get rid of its honest
debts is repudiation^

Eeturning to the subject of municipal debts, it is not alone those that
live in towns and cities who are interested in their wise and economical
government. All who trade with their citizens, all who buy of them,
all who sell to them — in a word, the whole of the laboring and producing
classes — must bear a share of their burdens. The taxes collected in the
city find their way into the price-lists of what is bought of and sold to
the farmers and laborers in the country. On the questions of debt and
taxation the dwellers of the city and those who habitually deal with
them form together one community and have a common interest.

The usual argument in favor of creating a city debt is, that the pro-
posed building or improvement is not for this generation alone, but is
also for the benefit of posterity, and, therefore, posterity ought to help
to pay for it. This reasoning will not bear examination. Each gen-
eration has its own demands upon its purse. It should not be called
on to pay for the cast-off garments of its ancestors.

The appliances and structures which our ancestors jirovided for
water, light, streets, parks, cemeteries, for putting-out fires, for police^
for locomotion, for education, and for the thousand other necessities of
city life, would not be well suited to the tastes, habits, and wants of
our day. This generation must have steam fire-engines and water-
works, and its tax-payers do not want to be called upon to pay for the
cisterns, the fire-buckets, and the pumps of thirty years ago.

Municipal borrowing is the parent of waste, profligacy, and corrup-
tion. Money that comes easily goes easily. In this career of reckless
extravagance, cities build and buy what they do not need, and pay for
wliat they get far more than it is worth. I adopt the Avords of the val-
uable report of the Pennsylvania Commission appointed to devise a
plan for the government of cities. To sum it up, it too often hap-

LETTERS AND MESSAGES. 243

pens that "the men who authorize the contracts are substantially the
men who profess to perform them; the men who fix the prices are
substantially the men who receive the pay for performing the labor ;
and the men who issue the bonds are the men who receive the money."

The magnitude and the growth of this evil are shown by statistics
with which the x)ublic is familiar. I do not choose to detain you by
repeating them in detail.

A few weeks ago the "Kew York Tribune" called attention to an ex-
cellent article on this subject in the "Princeton Review," by Mr. Rob-
ert P. Porter, in which it is shown that local debts have, since the war,
increased out of all proportion to the increase of property and jjopula-
tion. Mr. Porter shows that in one hundred and thirty cities the debt
increased from $221,312,000, in 1866, to $644,378,663 in 1876. The
percentage of increase is about 200 per cent, in ten years, while the
property of these cities increased but 75 per cent., and their population
only 33 per cent. The total local indebtedness of all of the States,
omitting the Territories, it is estimated in the article referred to, at the
close of 1878, was $1,051,106,112. In many instances it is shown that
the annual amount of interest paid by cities on their debts is almost
equal to the total annual expenses for carrying on their local govern-
ments. The volume of the local indebtedness of the country akeady
exceeds one-half the great war debt of the Nation, and the interest
upon them, from the high rates usually paid, will soon equal the total
interest upon the National debt.

The urgent question that is now pressing for consideration is, how to
-deal with these large and increasing local debts. The best answer, it
seems to me, is simple, ready at hand, and sufficient : Do not have any
local debts. Let it be embodied in the constitution and laws of every
State that local authorities shall create no debts; that they shall make
no appropriations of money until it is collected and on hand; that all
appropriations shall be for specific objects, and that as to existing debts,
suitable provision shall be made for their extinguishment.

To pay off the old debts, to create no new debts, will be difiBcult and
embarrassing. Valuable reforms always are difiBcult, and thorough
work often is embarrassing. If we would be rid of the peril of ap-
proaching bankruptcy and repudiation which now threaten so many
towns and cities, there must be a halt to this dangerous downward
march. If the remedies I have suggested are too radical, let others be
proposed and acted on, and that promptly.

The policy of preventing the creation of local debts by positive con-
stitutional prohibition is fully sustained by the experience of the States

244 LETTERS AND MESSAGES.

with respect to State debts. Constitutions in many of the okl, and in
all of the new, States have been adopted within the last thirty or forty
years, and almost all of them contain provisions denying to State legis-
latures the authority to create debts except in case of war, insurrec-
tion, or other extraordinary emergency. Under the operation of these
prohibitory pro^isions, the debts existing at the time of their adoption
have been greatly reduced, and the only States now embarrassed by
debt are those whose constitutions do not contain this wise prohibition.

The general policy of the National Government on the subject of debt
has always been sound. It may be summed up in a few words: No
debts to be created in time of peace, and war debts to be paid off as
rapidly as possible when the war ends.

The Revolutionary -War debt, at the inauguration of the present form
of Government, March 4, 1789, amounted to $76,000,000, and after suc-
cessive refundings, in long-time bonds, was paid off by their redemp-
tion, finally, in 1835.

The debt created by the War of 1812, after refunding in 4J per cent,
bonds, was also paid in 1835, and at the close of that year the Nation
was i)ractically free from debt.

The debt incurred on account of the Mexican War amounted to
$83,552,098, the bonded debt bearing six per cent, interest, running
from five to twenty years, and Treasury notes at various rates of inter-
est, from one mill to five and two-fifths per cent. All of this debt was
redeemed prior to 1870, excepting a very small amount not yet pre-
sented for redemi^tion.

As a marked evidence of the fidelity with which our National obliga-
tions of this description have heretofore been met, it is worthy of note
that, during the War of 1812, the interest on the portion of the debt
hchl by British subjects was regularly paid, the agents of the holders
in this country, owing to the interruption of direct commercial inter-
course, being sometimes obliged to resort to circuitous and extremely-
difficult routes for the transmission of payment. I find the fact re-
marked upon by Mr. Alexander Trotter, the British author of a stand-
ard work published in 1839, upon our National financial position and
credit at that time. The author also notes the fact that the act of Con-
gress passed by the first Congress that assembled after the adoption
of the Constitution, to make provision for the payment of all the out-
standing engagements of the Government, "with a degree of integrity
which is rare in the history of the financial embarrassments of States,"
postponed the claims of creditors at home until those of the foreign
creditor were provided for.

LETTERS AND MESSAGES. 245

Our war debt resulting from the War for the Union amounted to
about $3,000,000,000, and has been reduced to about $2,000,000,000.
During the last year there has been no reduction of the aggregate
amount, but there has been a reduction of the amount of the interest-
bearing debt of $13,700,000, and the rates of interest have bec^n so re-
duced by refunding within the past year that there is an annual saving
of $13,700,900 in interest. The annual uiterest on the ISTational debt
reached its highest ])oint about ftmrteen years ago, when it was
$150,977,097.87. It is now reduced to $83,744,710.50, a yearly saving
of $07,232,987.37, or about forty-five per cent, of what was payable in
1805. The policy of paying off the National debt, which, at the close
of the war, was urged ui)on the country with so much force by the Sec-
retary of the Treasury, Mr. Hugh McCulloch, has borne good fruit.
Young men of this audience can remember when the Government of
the United States found great difficulty in borrowing so small a sum
as $25,000,000, and for a considerable part of it was compelled to pay
as high as twelve per cent. Last spring, by reason of improved and
strengthened credit, the Government had no trouble in borrowing, in
the single month of April, $225,000,000 at four per cent, interest. The
amount offered in that month exceeded five hundred millions of dollars,
and there was one day when the amount offered was $159,000,000.

Let the policy of extinguishing the National debt be adhered to. Let
it be the fixed purpose of the i)eople and all who administer the Gov-
ernment to pay off the debt within thirty-three years. It can be done
by economy and prudence without a material increase of the burdens
of the people. The payment of thirty-three millions a year upon the
principal of the debt, or into a sinking-fund for that purpose, will,
within thirty-three years, leave us free from debt as a Nation.

That which is sound policy in National and State affairs, in regard
to public debts, is, I believe, also wise policy in local affairs and in pri-
vate affairs. Let it be everywhere adopted, in public and private, and
we may welcome the advancing tide of better times, confident that we
have found the secret that will prolong their stay, and which will go
far to make us independent in that, I trust, distant day when a finan-
cial panic may again strike down the general prosperity.

EXECUTIVE ORDER.

DEATH OF SENATOR ZACHARIAH CHANDLER.

NOVEMBER 1, 1879.

EXECUTIVE ORDER.

Executive Mansion,

Washington^ November 1, 1879.

The sad intelligence of the death of Zachariah Chandler, late Secre-
tary of the Interior, and during so many years a Senator from the
State of Michigan, has been communicated to the Government and to
the country ; and in proper respect to his memory I hereby order that
the several Executive Departments be closed to public business, and
their flags and those of their dependencies throughout the country be
displayed at half-mast on the day of his funeral.

E. B. HAYES.

THANKSGIVING PROCLAMATION.

NOVEMBER 3, 1879.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

At no recurrence of the season which the devout habit of a religious
people has made the occasion for giving thanks to Almighty God and
humbly invoking His continued favor, has the material prosperity en-
joyed by our whole country been more conspicuous, more manifold, or
more universal.

During the past year, also, unbroken peace with all foreign nations,
the general prevalence of domestic tranquillity, the supremacy and
security of the great institutions of civil and religious freedom, have
gladdened the hearts of our people, and confirmed their attachment to
their government, which the wisdom and courage of our ancestors so
fitly framed, and the wisdom and courage of their descendants have so
firmly maintaiued, to be the habitation of hberty and justice to suc-
cessive generations :

Now, therefore, I, Rutherford B. Hayes, President of the United
States, do appoint Thursday, the 27th day of November, instant, as a
Day of National Thanksgiving and Prayer; and I earnestly recommend
that, withdrawing themselves from secular cares and labors, the people
of the United States do meet together on that day in their respective
places of worship, there to give thanks and praise to Almighty God for
His mercies, and to devoutly beseech their continuance.

In witness whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.

Done at the city of Washington this third day of November, in the
year of our Lord one thousand eight hundred and seventy-
[SEAL.] nine, and of the Independence of the United States the one
hundred and fourth.

RUTHERFORD B. HAYES.

By the President :

W3I. M. EVAKTS,

Secretary of State.

]viESSA,aE:

TWO HOUSES OF OONGEESS AT THE COMMENCEMENT 01 THE SECOND
SESSION or THE FOKTY-SIXTH OON&EESS.

DECEMBER 1, 1879.

MESSAGE.

Fellow-Citizens of the Senate

AND House of IIepresentatives:

The members of the Forty-sixth Congress have assembled iu their
first regular session under circumstances calling for mutual congratu-
lation and grateful acknowledgment to the Giver of all good for the
large and unusual measure of national prosperity which we now enjoy.

The most interesting events which have occurred iu our public affairs
since my last annual message to Congress are connected with the finan-
cial oi)erations of the Government, directly affecting the business inter-
ests of the country. I congratulate Congress on the successful ex-
ecution of the Eesumption Act. At the time fixed and in the manner
contemi)lated by law, United States notes began to be redeemed in coin.
Since the first of January last they have been promptly redeemed on
presentation, and in all business transactions, public and private, in all
parts of the country, they are received and paid out as the equivalent
of coin. The demand upon the Treasury for gold and silver in exchange
for United States notes has been comparatively small, and the volun-
tary deposit of coin and bullion iu exchange for notes has been very
large. The excess of the precious metals deposited or exchanged for
United States notes over the amount of United States notes redeemed
is about $40,000,000.

The resumption of specie payments has been followed by a very great
revival of business. With a currency equivalent in value to the money
of the commercial Avorld, we are enabled to enter upon an equal coni-
jjetition with other Nations in trade and production. The increasing
foreign demand for our manufactures and agricultural products has
caused a large balance of trade in our favor, which has been paid in
gold, from the 1st of July last to November 15, to the amount of about
$,")9,000,000. Since the resumption of specie payments there has also
been a marked and gratifying improvement of the public credit. The
bonds of the Government bearing only four per cent, interest have been
sold at or above par, sufacient iu amount to pay off' all of the National
debt which was redeemable under present laws. The amount of inter-
est saved annually by the process of refunding the debt, since March
17

258 LETTERS AND MESSAGES.

1, 1877, is $14,297,177. The bonds sold were largely in small sums,
aiui tlie number of our citizens now holding the public securities is much
greater than ever before. The amount of the Xational debt which ma-
tures within less than two years is $792,121,700, of which $500,000,000
bear interest at the rate of live per cent, and the balance is in bonds
bearing six per cent, interest. It is believed that this part of the pub-
lic debt can be refunded by the issue of four per cent, bouds, and, by
the reduction of interest which will thus be effected, about eleven mil-
lions of dollars can be annually saved to the Treasury. To secure this
important reduction of interest to be paid by the United States, further
legislation is required, which, it is hoped, will be provided by Congress
during its present session.

The coinage of gold by the mints of the United States during the
last fiscal 'year was $40,986,912. The coinage of silver dollars, since
the passage of the act for that purpose up to November 1, 1879, was
$45,000,850, of which $12,700,344 have been issued from the Treasury,
and are now in circulation, and $32,300,506 are still in the possession
of the Government.

The pendency of the proposition for unity of action between the
United States and the principal commercial nations of Europe, to effect
a permanent system for the equality of gold and silver in the recog-
nized money of the world, leads me to recommend that Congress refrain
from new legislation on the general subject. The great revival of trade,
internal and foreign, will supply during the coming year its own instruc-
tions, which may well be awaited before attempting further experimental
measures with the coinage. I would, however, strongly urge upon
Congress the importance of authorizing the Secretary of the Treasury
to suspend the coinage of silver dollars upon the present legal ratio.
The market value of the silver dollar being uniformly and largely less
than the market value of the gold dollar, it is obviously impracticable
to maintain them at par with each other if both are coined without
liudt. K the cheaper coin is forced into circulation, it will, if coined
without limit, soon become the sole standard of value, and thus defeat
the desired object, which is a currency of both gold and silver, which
shall be of equivalent value, dollar for dollar, mth the universally
recognized money of the world.

The retirement from circulation of United States notes, with the
capacity of legal-tender in private contracts, is a step to be taken in
our progress towards a safe and stable currency, which should be ac-
cepted as the policy and duty of the Government, and the interest and
security of the people. It is my firm conviction that the issue of legal-

LETTERS AND MESSAGES. 259

tender paper jiioney based wliolly upon the autliority and credit of the
Government, except in extreme emergency, is without warrant in the
Constitution, and a violation of sound financial principles. The issue
of United States notes during the late civil war mth the capacity of
legal-tender between private individuals was not authorized except as
a means of rescuing the country from imminent peril. The circulation
of these notes as paper monej', for any protracted i)eriod of time after
the accomplishment of this purpose, was not contemplated by the
framers of the law under which they were issued. They anticipated
the redemption and withdrawal of these notes at the earliest practica-
ble period consistent with the attainment of the object for which they
were provided.

The policy of the United States, steadily adhered to from the adop-
tion of the Constitution, has been to avoid the creation of a National
debt, and when, from necessity in time of war, debts have been created,
they have been paid oif on the return of peace as rapidly as possible.
With this view, and for this purpose, it is recommended that the exist-
ing laws for the accumulation of a sinking-fund sufficient to extinguish
the public debt within a limited period be maintained. If any change
of the objects or rates of taxation is deemed necessary by Congress, it
is suggested that experience has shown that a duty can be i^laced on
tea and coffee, which will not enhance the price of those articles to the
consumer, and which will add several millions of dollars annually to
the Treasury.

The continued deliberate violation by a large number of the promi-
nent and influential citizens of the Territory of Utah of the laws of the
United States for the prosecution and punishment of polygamy de-
mands the attention of every department of the Government. This
Territory has a population sufficient to entitle it to admission as a State,
and the general interests of the Nation, as well as the welfare of the
citizens of the Territory, require its advance from the territorial form
of government to the responsibilities and privileges of a State. This
important change will not, however, be approved by the country while
the citizens of Utah in very considerable number uphold a practice
which is condemned as a crime by the laws of all ci^alized communities
throughout the world.

The law for the suppression of this offence was enacted with great
unanimity by Congress more than seventeen years ago, but has re-
mained until recently a dead-letter in the Territory of Utah, because of
the peculiar difficulties attending its enforcement. The opinion widely
prevailed among the citizens of Utah that the law was in contraven-

260 LETTERS AND MESSAGES.

tion of tlie constitutional guarantee of religious freedom. This objec-
tion is now removed. The Supreme Court of the United States has
decided the law to be within the legislative power of C(mgress, and
binding as a rule of action for all who reside within the Territories.
There is no longer any reason for delay or hesitation in its enforce-
ment. It should be firmly and effectivelj- executed. If not sufHciently
stringent in its provisions it slnmld be amended, and, in aid of the pur-
pose in view, I recommend that more comprehensive and more search-
ing methods for preventing as well as punishing this crime be provided.
If necessary to secure obedience to the law, the enjoyment and exer-
cise of the rights and privileges of citizenship in the Territories of the
United States may be withheld or withdrawn from those who violate
or oi)pose the enforcement of the law on this subject.

The elections of the past year, though occupied only with State offi-
ces, have not failed to elicit, in the political discussions which attended
them all over the country, new and decisive evidence of the deep in-
terest which the great body of citizens take in the progress of the
country towards a more general and complete establishment, at what-
ever cost, of universal security and freedom in the exercise of the
elective franchise. While many toi»ics of political concern demand
great attention from our people, both in the sphere of National and
State authority, I find no reason to qualify the opinion I expressed in
my last annual message, that no temporary or administrative interests
of government, however urgent or weighty, will ever displace the zeal
of our people in defence of the primary rights of citizenship, and that
the power of public opinion will override all political prejudices, and
all sectional and State attachments, in demanding that all over our
wide territory the name and character of citizen of the United States
shall mean one and the same thing, and carry with them unchallenged
security and respect. I earnestly appeal to the intelligence and i)atriot-
isni of all good citizens of every part of the country, however much
they may be divided in opinions on other political subjects, to unite in
compelling obedience to existing laws aimed at the protection of the
riglit of suffrage. I respectfully urge u])on Congress to sui)ply any de-
fects in these laws which experience has shown, and which it is within
its power to remedy. I again invoke the co-operation of the executive
and legislative authorities of the States in this great purpose. I am
fully convinced that if the public mind can be set at rest on this para-
mount question of popular rights, no serious obstacle will thwart or
delay the com]>lete pacification of the country, or retard the general
diffusion of prosperity.

LETTERS AND MESSAGES. 261

In a former message I iivited the attention of Congress to the subject
of the reformation of the civil service of the Government, and ex-
pressed the intention of transmitting to Congress, as early as prac-
ticable, a report upon this subject by the chairman of the Civil Service
Commission.

In view of the facts that, during a considerable period, the Govern-
ment of Great Britain has been dealing with administrative problems
and abuses, in various particulars analogous to those presented in this
country, and that in recent years the measures adopted were understood
to have been effective and in every respect highly satisfactory, I thought
it desirable to have fuller information upon the subject, and accordingly
requested the chairman of the Civil-Service Commission to make a
thorough investigation for this purpose. The result has been an elabo-
rate and comprehensive report.

The report sets forth the history of the partisan-spoils system in
Great Britain, and of the rise and fall of the i)arliamentary patronage,
and of ofiticial interference with the freedom of elections. It shows
that after long trials of various kiuds of examinations, those which are
competitive and open on equal terms to all, and which are carried on
under the superintendence of a single commission, have, with great
advantage, been established as conditions of admission to almost every
official place in the subordinate administration of that country and of
British India. The completion of the report, owing to the extent of
the labor involved in its preparation, and the omission of Congress to
make any provision either for the compensation or the expenses of the
Commission, has been postponed until the present time. It is herewith
transmitted to Congress.

While the reform measures of another Government are of no author-
ity for us, they are entitled to intiueuce, to the extent to which their
intrinsic wisdom, and their adaptation to our institutions and social
life, may commend them to our consideration.

The views I have heretofore expressed concerning the defects and
abuses in our civil administration remain unchanged, except in so far
as an enlarged experience has dee])ened my sense of the duty both of
officers and of the people themselves to co-operate for their removal.
The grave evils and perils of a partisan-spoils system of appointment
to office and of office tenure, are now generally recognized. In the
resolutions of the great parties, in the reports of Departments, in the
debates and proceedings of Congress, in the messages of Executives,
the gravity of these evils has been pointed out and the need of their
reform has been admitted.

262 LETTERS AND MESSAGES.

To command the necessary support, every measure of reform must
be based on common riglit and justice, and must be compatible with
the healthy existence of great parties, which are inevitable and essen-
tial in a free State.

When the people have approved a policy at a National election, con-
fidence on the part of the officers they have selected, and of the ad-
visers who, in accordance with our political institutions, should be
consulted, in the policy which it is their duty to carry into effect, is
indispensable. It is eminently proper that they should explain it
before the people, as well as illustrate its spirit in the performance of
their official duties.

Very different considerations apply to the greater number of those
who fill the subordinate places in the civil service. Their responsibility
is to their superiors in official position. It is their duty to obey the
legal instructions of those upon whom that authority is devolved, and
their best public service consists in the discharge of their functions
irrespective of partisan politics. Their duties are the same, whatever
party is in power and whatever policy prevails. As a consequence, it
follows that their tenure of office should not depend on the prevalence
of any policy or the supremacy of any party, but should be determined
by their capacity to serve the people most usefully, quite irrespective
of partisan interests. The same considerations that should govern the
tenure should also prevail in the appointment, discipline, and removal
of these subordinates. The authority of apjwintment and removal is
not a perquisite which may be used to aid a friend or reward a parti-
san, but is a trust to be exercised in the public interest, under all the
sanctions which attend the obligation to apply the public funds only
for public purposes.

Every citizen has an equal right to the honor and profit of entering
the public service of his country. The only just ground of discriuiina-
tion is the measure of character and capacity he has to make that
service most useful to the people. Except in cases where, upon just
and recognized principles, as upon the theory of pensions, offices and
promotions are bestowed as rewards for past services, their bestowal
upon any theory which disregards personal merit is an act of injustice
to the citizen, as well as a breach of that trust subject to which the
appointing power is held.

In the light of these principles, it becomes of great importance to
provide just and adequate means, especially for every department, and
large administrative office, where personal discrimination on the part
of its head it not i)racticable, for ascertaining those qualifications to

LETTERS AND MESSAGES. 263

wliicli appointments and removals should have reference. To fail to
provide such means is not only to deny the opportunity of ascertaining
the facts upon which the most righteous claim to ofiBce depends, but,
of necessity, to discourage all worthy aspirants by handing over aij
pointments and removals to mere influence and favoritism. If it is the
right of the worthiest claimant to gain the appointment, and the inter-
est of the peoi)le to bestow it upon him, it would seem clear that a wise
and just method of ascertaining i)ersonal fitness for office must be an
imi)ortant and permanent function of every just and wise government.
It has long since become impossible, in the great offices, for those hav-
ing the duty of nomination and appointment to personally examine
into the individual qualifications of more than a small proportion of
those seeking office, and, with the enlargement of the civil service, that
proportion must continue to become less.

In the earlier years of the Government, the subordinate offices
were so few in number that it was quite easy for those making ap-
pointment and promotions to personally ascertain the merits of candi-
dates. Party managers" and methods had not then become powerful
agencies of coercion, hostile to the free and just exercise of the appoint-
ing power.

A large and responsible i)art of the duty of restoring the civil service
to the desired purity and efficiency rests upon the President, and it is
my purpose to do what is within my power to advance such prudent
and gradual measures of reform as will most surely and rapidly bring-
about that radical change of system essential to make our administra-
tive methods satisfactory to a free and intelligent people. By a proper
exercise of authority, it is in the power of the Executive to do much to
promote such a reform. But it cannot be too clearly understood that
nothing adequate can be accomplished without co-operation on the part
of Congress and considerate and intelligent support among the people.
Eeforms which challenge the generally accepted theories of parties,
and demand changes in the methods of departments, are not the work
of a day. Their permanent foundations must be laid in sound i)rinci-
ples, and in an experience which demonstrates their wisdom and exi)oses
the errors of their adversaries. Every worthy officer desires to make
his official action a gain and an honor to his country, but the people
themselves, far more than their officers in public station, are interested
in a pure, economical, and vigorous administration.

By laws enacted in 1853 and 1855, and now in substance incorporated
in the Revised Statutes, the practice of arbitrary appointments to
the several subordinate grades in the great Departments was con-

264 LETTERS AND MESSAGES.

demned, and examinations, as to capacity, to be conducted by de-
partmental boards of examiners, were provided for and made conditions
of admission to the public service. These statutes are a decision by
Congress that examinations of some sort, as to attainments and
capacity, are essential to the well-being of the i)ublic service. The im-
portant questions since the enactment of these laws have been as to
the character of these examinations, and whether official favor and par-
tisan influence, or common right and merit, were to control the access
to the examiimtions. In practice, these examinations have not always
been open to worthy persons generally, who might wish to be examined.
Official favoritism and partisan influence, as a rule, ai)i)ear to have
designated those who alone were permitted to go before the examining-
boards, subjecting even the examiners to a pressure from the friends of
the candidates very difficult to resist. As a consequence, the standard
of admission fell below that which the public interest demanded. It
was also almost inevitable that a system which provided for various
separate boards of examiners, with no common supervision oi' uniform
method of procedure, should result in confusion, inconsistency, and
inadequate tests of capacity highly detrimental to the public interests.
A further and more radical change was obviously required.

In the annual message of December, 1870, my predecessor declared
that "there is no duty which so much embarrasses the Executive and
heads of Departments as that of appointments; nor is there any such
arduous and thankless labor imposed on Senators and Representatives
as that of finding places for constituents. The present system does
not secure the best men, and often not even fit men for the public
places. The elevation and purification of the civil service of the Gov
ernment will be hailed with approval by the whole people of the United
States." Congress accordingly passed the act, approved March 3, 1871,
"to regulate the civil service of the United States and promote the effi-
ciency thereof," giving the necessary authority to the Executive to
inaugurate a civil-service reform

Acting under this statute, which was interpreted as intended to secure
a system of just and eftectual examinations under uniform supervision,
a number of eminently comi)etent persons were selected for the purpose,
who entered witli zeal upon the discharge of their duties, prepared, with
an intelligent appreciation of the requirements of the service, the regu-
lations contemplated, and took charge of the examinations, and who, in
their capacity as a board, have been known as tlie " Civil-Service Com-
mission." Congress for two years appropriated the money needed for
the compensation and for the expense of carrying on the work of the
Commission.

J^ETTERS AND MESSAGES. 265

It appears from the report of the Commission, submitted to the Presi-
dent in April, 1874, that examinations had been held in various sections
of the country", and that an appropriation of about $25,000 would be
required to meet the annual expenses, including salaries, involved in
discharging" the duties of the Commission. The report was transmitted
to Congress by special message of April 18, 1874, with the following
favorable comment upon the labors of the Commission: "If sustained
by Congress, I have no doubt tlie rules can, after the experience gained,
be so improved and enforced as to still more materially benefit the public
service and relieve the Executive, Members of Congress, and the heads
€f Departments, frominfluencesprejudicialto good adunnistration. The
rules, as they have hitherto been enforced, have resulted beneficially, as
is shown by the o]iinions of the members of the Cabinet and their sub-
ordinates in the Departments, and in that ojunion I concur." And in
the annual message of December of the same year similar views are
expressed, and an appropriation for continuing the work of the Com-
mission again advised.

The appropriation was not made, and, as a consequence, the active
work of the Commission was suspended, leaving the Commission itself
still in existence. Without the means, therefore, of cansing qualifi-
cations to be tested in any systematic manner, or of securing for
the public service the advantages of competition ui)on any extensive
plan, I recommended in my annual message of December, 1877, the
making of an appropriation for the resumption of the work of the Com-
mission.

In the meantime, however, competitive examinations under numy
embarrassments have been conducted within limited spheres in the
Executive Departments in Washington, and in a number of the custom-
houses and post ofiHces of the principal cities of the country, with a
view to further test their effects, and, in every instance, they have been
found to be as salutary as they are stated to have been under the ad-
ministration of my predecessor. I think the economy, purity, and
efficiency of the public service would be greatly promoted by their
systematic introduction, wherever practicable, throughout the entire
civil service of the Government, together with ample provision for
their general supervision, in order to secure consistency and uniform
justice.

Reports from the Secretary of the Interior, from the Postmaster-
General, from the i)ostmaster in the city of New York, where such ex-
aminations have been sometime on trial, and also from the collector
of the port, the naval officer, and the surveyor in that city, and from

2G6 LETTERS AND MESSAGES,

the postmasters and collectors in several of the other large cities, show
that the competitive system, where applied, has, in various ways, con-
tributed to imiirove the public ser\ice.

The reports show that the results have been salutary in a marked
degree, and that the general application of similar rules cannot fail to
be of decided beneht to the service.

The reports of the Government officers in the city of New York
especially, bear decided testimony to the utility of open competitive
examinations in their respective offices, showing that "these exami-
nations, and the excellent qualifications of those admitted to the ser-
vice through them, have had a marked incidental effect upon the
persons previously in the service, and particularly upon those aspiring
to promotion. There has been, on the i^art of these latter, an increased
interest in the work, and a desire to extend acquaintance with it be-
yond the particular desk occupied, and thus the morale of the entire
force has been raised. * * * The examinations have been attended
by many citizens who have had an opportunity to thoroughly investi-
gate the scope and character of the tests and the method of determin-
ing the results, and those visitors have, without exception, approved
the methods employed, and several of them have i)ublicly attested
their favorable opinion."

Upon such considerations, I deem it my duty to renew the recom-
mendation contained in my annual message of December, 1877, re-
questing Congress to make the necessary appropriation for the resump-
tion of the work of the Civil-Service Commission. Economy will be
promoted by authorizing a moderate compensation to persons in the
public service who may j)erform extra labor upon or under the Com-
mission, as the Executive may direct.

I am convinced that if a just and adequate test of merit is enforced
for admission to the ijublic service and in making promotions, such
abuses as removals without good cause and partisan and ofiicial inter-
ference with the proper exercise of the appointing power, will in large
measure disappear.

There are other administrative abuses to wliich the attention of Con-
gress should be asked in this connection. Mere partisan appoint-
ments, and the constant peril of removal without cause, very naturally
lead to an absorbing and mischievous political activity, on the part of
those thus appointed, which not only interferes with the due discharge
of official duty, but is incompatible with the freedom of elections. Not
without warrant, in the views of several of my predecessors in the Presi-
dential- office, and directly within the law of 1871, already cited, I en-

LETTERS AND MESSAGES. 267

deavorert by reg^ulation, made ou the 22d day of June, 1877, to put some
reasonable limits to sucli abuses. It may not be easy, and it may never
perhaps be necessary, to define with precision the proper limit of po-
litical action on the part of Federal officers. But while their right to
hold and freely express their opinions cannot be questioned, it is very
plain that they should neither be allowed to devote to other subjects
the time needed for the proper discharge of their official duties, nor to
use the authority of their office to enforce their own opinions, or to
coerce the political action of those who hold different opinions.

Eeasons of justice and public policy, quite analogous to those which
forbid the use of official power for the oppression of the private citizen^
impose upon the Government the duty of protecting its officers and
agents from arbitrary exactions. In whatever aspect considered, the
practice of making levies, for party purposes, upon the salaries of
officers is highly demoralizing to the public service and discreditable
to the country. Though an officer should be as free as any other citizen
to give his own money in aid of his opinions or his party, he should
also be as free as any other citizen to refuse to make such gifts. If
salaries are but a fair compensation for the time and labor of the
officer, it is gross injustice to levy a tax upon them. If they are made
excessive in order that they may bear the tax, the excess is an indirect,
robbery of the public funds.

I recommend, therefore, such a revision and extension of present
statutes as shall secure to those in every grade of official life or public
employment the protection with which a great and enlightened Nation
should guard those who are faithful in its service.

Our relations with foreign countries have continued peaceful.

With Great Britain there are still unsettled questions, growing out
of the local laws of the maritime provinces and the action of provin-
cial authorities, deemed to be in derogation of rights secured by treaty
to American fishermen. The United States Minister in London has
been instructed to present a demand for $105,305.02, in view of the
damages received by American citizens at Fortune Bay on the Gth
day of January, 1878. The subject has been taken into consideration
by the British Governuient, and an early reply is anticipated.

Upon the completion of the necessary preliminary examinations, the
subject of our participation in the provincial fisherfes, as regulated by
treaty, will at once be brought to the attention of the British Govern-
ment with a view to an early and permanent settlement of the whole
question, which was only temporarily adjusted by the Treaty of Wash-
ington.

2GB' LETTERS AND MESSAGES.

Efforts have been made to obtain the removal of restrictions found
injurious to tlie exportation of cattle to the United Kinjidom.

Some corresi)ondence has also occurred with regard to the rescue and
saving of life and property upon the lakes, which has resulted in im-
portant modifications of the previous regulations of the Dominion Gov-
ernment on the subject, in tlie interest of humanity and commerce.

In accordance with the joint resolution of the last session of Con-
gress, commissioners were appointed to represent the United States at
the two Internatioual Exhibitions in Australia, one of which is now in
progress at Sydney, and the other to be held next year at Melbourne.
A desire has been expressed by our merchants and manufacturers
Interested in the important and growing trade with Australia, that an
increased provision should be made by Congress for the reiiresentation
of our industries at the Melbourne Exhibition of next year, and the
subject is respectfully submitted to your favorable consideration.

The assent of the Government has been given to the landing, on the
coast of Massachusetts, of a new and independent transatlantic cable
between France, by way of the French island of St. Pierre, and this
country, subject to any future legislation of Congress on the subject.
The conditions imposed, before allowing this connection with, our shores
to be established, are such as to secure its competition with any exist-
ing or future lines of marine cable, and preclude amalgamation there-
with, to provide for entire equality of rights to our Government and
peoi)le with those of France in the use of the cable, and i)revent any
exclusive possession of the i)rivilege as accorded by France to the dis-
advantage of any future cable communication between France and the
United States which may be projected and accomplished by our citi-
zens. An important reduction of the present rates of cable communi-
cation with Europe, felt to be too burdensome to the interests of our
commerce, must necessarily How from the establishment of this com-
peting line.

The attention of Congress was drawn to thej)ropriety of some gen-
eral regulation by Congress of the whole subject of transmarine cables
by my predecessor in bis message of December 7, 1875, and I respect-
fully submit to your consideration the importance of Congressional
action in this matter.

The questions of grave importance with Spain, growing out of the
incidents of the Cuban insurrection, have been, for the most part, hap-
pily and honorably settled. It may reasonably be anticipated that the
Commission now sitting in Washington, for the decision of private cases
in this connection, will soon be able to bring its labors to a conclusion.

LETTERS AND MESSAGES. 269

The long-standing- (lucstion of East Florida claims lias lately been
renewed as a snbject of correspondence, and may possibly recjuire Cou-
g-ressional action for its final disposition.

A treaty witli the Netherlands, with respect to consular rights and
privileges, simihir to those with other Powers, has been signed and
ratified, and the ratifications were exchanged on the 31st of July last.
Negotiations for extradition treaties with the Netherlands and with
Denmark are now in progress.

Some questions with Switzerland, in regard to pauper and convict
emigrants, have arisen, but it is not doubted that they will be arranged
upon a just and satisfactcny basis. A question has also occurred with
respect to an asserted claim by Swiss municipal authorities to exercise
tutelage over persons and property of Swiss citizens naturalized in thi&
country. It is possible this may require adjustment by treaty.

With the German Empire frequent questions arise in connection with
the subjects of naturalization and expatriation, but the Imperial Gov-
ernment has constantly manifested a desire to strictly maintain and
comply with all treaty stipulations in regard to them.

In consequence of the omission of Congress to provide for a diplo-
matic representative at Athens, the legation to Greece has been with-
drawn. There is now no channel of diplomatic communication between
the two countries, and the expediency of providing for one, in some
form, is submitted to Congress.

Eelations with Austria, Russia, Italy, Portugal, Turkey, and Bel-
gium continue amicable, and marked by no incident of especial im-
portance.

A change of the personal head of the Government of Egypt has.
taken place. No change, however, has occurred in the relations be-
tween Egypt and the United States. The action of the Egyi»tian Gov-
ernment in presenting to the city of New York one of the ancient
obelisks, which possess such historic interest, is highly apitreciated as
a generous mark of international regard. If prosperity should attend
the enterprise of its transportation across the Atlantic, its erection in
a conspicuous i)Osition in the chief commercial city of the Nation will
soon be accomplished.

The treaty recently made between Japan and the United States in
regard to the revision of former commercial treaties, it is now believed,
will be followed by similar action on the part of other treaty Powers.
The attention of Congress is again invited to the subject of the indem-
nity funds received some years since from Japan and China, which,
with their accumulated interest, now amount to considerable sums. If

270 LETTERS AND MESSAGES.

any part of these funds is justly due to American citizens, tliey sliould
receive it promptly, and wliatever may have been received by this
Government in excess of strictly just demands should, in some form,
be returned to the Nations to whom it equitably belongs.

Tlie Government of China has signified its willingness to consider
the question of the emigration of its subjects to the United States with
a dispassionate fairness, and to co-operate in such measures as may
tend to prevent injurious consequences to the United States. The ne-
gotiations are still proceeding, and will be pressed with diligence.

A question having arisen between China and Jaj)an about the Lew
Chew Islands, the United States Government has taken measures to
inform those Powers of its readiness to extend its good offices for the
maintenance of x^eace, if they shall mutually deem it desirable, and
find it practicable to avail themselves of the proffer.

It is a gratification to be able to announce that, through the judi-
cious and energetic action of the military commanders of the two Nations
on each side of the Eio Grande, under the instructions of their respec-
tive Governments, raids and depredations have greatly decreased, and,
in the localities w^here formerly most destructive, have now almost
wholly ceased. In view of this result, I entertain a confident expecta-
tion that the prevalence of quiet on the border will soon become so as-
sured as to justify a modification of the present orders to our military
commanders as to crossing the border, without encouragiug such dis-
turbances as would endanger the peace of the two countries.

The third instalment of the aAvard against Mexico under the Claims
Commission of July 4, 1868, was duly paid, and has been put in course
of distribution in pursuance of the act of Congress providing for the
same. This satisfactory situation between the two countries leads me
to anticipate an expansion of our trade with Mexico, and an increased
contribution of capital and industry by our people to the development
of the great resources of that country. I earnestly commend to the
wisdom of Congress the provision of suitable legislation looking to this
result.

Diplomatic intercourse with Colombia is again fully restored by the
arrival of a minister from that country to the United States. This is
especially fortunate in view of the fact that the question of an inter-
oceanic canal has recently assumed a new and important aspect, and is
now under discussion with the Central American countries through
whose territory the canal, by the Nicaragua route, would have to pass.
It is trusted that enlightened statesmanship on their part will see that
the early prosecution of such a work wiU largely enure to the benefit,

LETTEKS AND MESSAGES. 271

uot only of their own citizens and those of the United States, but of
the commerce of the civilized world. It is not doubted that should the
work be undertaken under the protective auspices of the United States,
and upon satisfactory concessions for the right of way, and its security,
by the Central American governments, the capital for its completion
would be readily furnished from this country and Europe, which might,
failing such guarantees, prove inaccessible.

Diplomatic relations with Chili have also been strengthened by the
reception of a minister from that country.

The war between Peru, Bolivia, and Chili still continues. The
United States have not deemed it proper to interpose in the matter
further than to convey to all the Governments concerned the assurance
that the friendly offices of the Government of the United States for
the restoration of peace upon an honorable basis will be extended, in
case the belligerents shall exhibit a readiness to accept them.

Cordial relations continue with Brazil and the Argentine Eepublic,
and trade with those countries is impro\dng. A j)rovision for regular
and more frequent mail communication, in our own ships, between the
ports of this countrj" and the Nations of South America seems to me to
deserve the attention of Congress, as an essential precursor of an
enlargement of our commerce with them, and an extension of our car-
rying trade.

A recent revolution in Venezuela has been followed by the establish-
ment of a provisional government. The Government has not yet been
formally recognized, and it is deemed desirable to await the proposed
action of the people, which is exj^ected to give it the sanction of con-
stitutional forms.

A naval vessel has been sent to the Samoan Islands to make surveys
and take possession of the privileges ceded to the United States by
Samoa in the harbor of Pago Pago. A coaling-station is to be estab-
lished there, which will be convenient and useful to United States
vessels.

The subject of opening diplomatic relations with Eoumauia and Ser-
vla, now become independent sovereignties, is at present under con-
sideration, and is the subject of diplomatic correspondence.

There is a gratifpng increase of trade with nearly all European and
American countries, and it is believed that with 'judicious action in
regard to its development it can and will be still more enhanced, and
that American products and manufactures will find new and expand-
ing markets. The reports of diplomatic and consular officers upon this
subject, under the system now adopted, have resulted in obtaining

272 LETTERS AND MESSAGES.

much valuable information, which has been and will continue to be laid
before Congress and the public from time to time.

The third article of the treaty with Russia, of March 30, 18G7, by
which Alaska was ceded to the United States, provides that the inhabi-
tants of the ceded territory, with the exception of the uncivilized native
tribes, shall be admitted to the enjoynieut of all the rights of citizens
of the United States, and shall be maintaine<l and protected in the free
enjoyment of their liberty, property, and religion. The uncivilized
tribes are subject to such laws and regulations as the United States
may from time to time adopt in regard to the aboriginal tribes of that
country.

Both the obligations of this treaty and the necessities of the i)eople
require that some organized form of government over the Territory of
Alaska be adopted.

There appears to be no law for the arrest of persons charged with
common-law ofiences, such as assault, robbery, and murder, and no
magistrate authorized to issue or execute process in such cases. Serious
difliculties have already arisen from offences of this character, not only
among the original inhabitants, but among citizens of the United States
and other countries, who have engaged in mining, fishing, and other
business operations within the Territory. A bill authorizing the ap-
pointment of justices of the peace and constables, and the arrest and
detention of persons charged with criminal offences, and providing for
an appeal to United States courts for the district of Oregon, in suita-
ble cases, will, at a proper time, be submitted to Congress.

The attention of Congress is called to the annual report of the Sec
retary of the Treasury on the condition of the pubhc finances.

The ordinary revenues from all sources for the fiscal year ended June
30, 1870, were 1273,827,184.40; the ordinary expenditures for the same
period were .$260,047,883.53; leaving a surplus revenue for the year of
$0,879,300.93.

The receipts for the present fiscal year, ended June 30, 1880, actual
and estimated, are as follows: Actual receipts for the first quarter
commencing July 1, 1879, $79,843,663.01; estimated receipts for the
remaining three-quarters of the year, $208,156,336.39; total receipts
for the current fiscal year, actual and estimated, $288,000,000.

The expenditures for the same period will be, actual and estimated,
as follows : For the quarter commencing July 1, 1879, actual expendi-
tures, $91,683,385.10; and for the remaining three-quarters of the year
the expenditures are estinuited at $172,315,614.90— making the total
expenditures $264,000,000, and leaving an estimated surplus revenue

LETTERS AND MESSAGES. 273

for the year ending Jnne 30, 1880, of $24,000,000. The total receipts
during- the next fiscal year ending June 30, 1881, estimated according to
existing laws, will be $288,000,000; and the estimated ordinary ex-
penditures for the same period will be $278,097,364.39 ; leaving a sur-
plus of $9,902,635.61 for that year.

The large amount expended for arrears of pensions during the last
and the present fiscal year, amounting to $21,747,249.60, has prevented
the application of the full amount required by law to the sinking-fund
for the current year; but these arrears having been substantially paid,
it is believed that the sinking-fund can hereafter be maintained with-
out any change of existing law.

The Secretary of War reports that the War-Department estimates
for the fiscal year ending June 30, 1881, are $40,380,428.93, the same
being for a less sum of money than any annual estimate rendered to
Congress from that Department during a period of at least twelve
years.

He concurs with the General of the Army in recommending such
legislation as will authorize the enlistment of the full number of twenty-
five thousand men for the line of the Army, exclusive of the three
thousand four hundred and sixty-three men required for detached duty,
and therefore not available for service in the field.

He also recommends that Congress be asked to provide by law for
the disposition of a large number of abandoned military posts and res-
ervations, which, though very valuable in themselves, have been ren-
dered useless for military purposes by the advance of civilization and
settlement.

He unites with the Quartermaster-General in recommending that an
appropriation be made for the' construction of a cheap and perfectly
fire-proof building for the safe storage of a vast amount of money ac-
counts, vouchers, claims, and other valuable records now in the Quar-
termaster-General's office, and exposed to great risk of total destruction
by fire.

He also recommends, in conformity with the views of the Judge-
Advocate General, some declaratory legislation in reference to the
military statute of limitations as applied to the crime of desertion.

In these several recommendations I concur.

The Secretary of War further reports, that the work for the improve-
ment of the South Pass of the Mississippi river, under contract with
Mr. James B. Eads, made in pursuance of an act of Congress, has been
prosecuted during the past year, with a greater measure of success in
the attainment of results than during any previous year. The channel
18

274 LETTERS AND MESSAGES.

through the South Pass, which, at tliebej^iniiiiig of operations in June,
187o, liad a depth of only seven and one-half feet of water, had, on the
8th of July, 1879, a niiniinuui depth of twenty-six feet, haviuj*' a M'idth
of not less than two hundred feet, and a central depth of thirty feet.
l*aynients have been made in accordance with the statute, as the work
progressed, amounting in the aggregate to $4,250,00{); and further
l)ayments will become due, as provided by the statute, in the event of
success in maintaining the channel now secured.

The reports of the General of the Army and of his subordinates, ])re-
sent a full and detailed account of the military operations for the sup-
pression of hostilities among the Indians of the Ute and Ai)ache tribes,
and praise is justly awarded to the ofiicers and troops engaged, for
promptness, skill, and courage displayed.

The past year has been one of almost unbroken peace and quiet on
the Mexican frontier, aiul there is reason to believe that the efforts of
this Government and of Mexico, to maintain order in that region, will
prove permanently successful.

This Department was enabled during the past year totind temi)orary
though crowded accommodations, and a safe depository for a i)ortiou
of its records, in the completed east wing of the building, designed for
the State, War, and Xavy T)ei)artments. The construction of the north
wing of the building, a part of the structure intended for the use of the
War Department, is being carried forward with all possible dispatch,
and the work should receive from Congress such liberal appropriations
as will secure its speedy completion.

The report of the Secretary of the Navy shows continued improve-
ment in that branch of the service during the last fiscal year. Exten-
sive repairs have been made ui)on vessels, and two new ships have been
completed and made ready for sea.

The total expenditures of the year ending June 30, 187!), including
specific appropriations not estimated for by the Department, were
$13,555,710.01). The expenses chargeable to the year, after deducting
the amount of these specific appropriations, were $13,343,317.70; but
this is subject to a reduction of $283,725.99, that amount having been
drawn upon warrants, but nftt paid out during the year. The amount
of appropriations api)licable to the last fiscal year was $14,538,010.17.
There was, therefore, a balance of $1,479,054.37 remaining unexpended,
and to the credit of the Dei)artment, on June 30, 187t). The estimates
for the fiscal year ending June 30, 1881, are $14,804,147.95, which
exceeds the appropriations for the present fiscal year $301,897.28. The
reason for this increase is explained in the Secretary's report. The

LETTERS AND MESSAGES. 275

appropriations available for the present fiscal year are $14,502,250.67,
which will, in the o])inion of the Secretary, answer all the ordinary
demands of the service. The anionnt drawn from the Treasury from
July 1 to ^^ovember 1, 1870, was 85,770,404.12, of which $1,095,440.33 has
been refunded, leavinj;- as the expenditure for that period $4,674,903.79.
If the expenditures of the remaining- two-thirds of the year do not exceed
the proportion for these four months, there will remain unexpended, at
the end of the year, $477,359.30 of the current appropriations. The
reiKirt of the Secretary shows the gratifying fact that among all the
disbursing ofiBcers of the pay cori)s of the Navy there is not one who is
a defaulter to the extent of a single dollar. I unite with him in recom-
mending the removal of the Observatory to a more healthful location.
That institution reflects credit upon the Nation, and has obtained the
approbation of scientific men in all parts of the world. Its removal
from its present location would not only be conducive to the health of
its officers and professors, but would greatly increase its usefulness.

The appropriation for judicial expenses, which has heretofore been
made for the Department of Justice, in gross, was subdivided at the
last session of Congress, and no appropriation whatever was made for
the payment of the fees of marshals and their deputies, either in the
service of process or for the discharge of other duties ; and, since June
30, these officers have continued the performance of their duties without
compensation from the Government, taking upon themselves the neces-
sary incidental outlays, as well as rendering their own services. In only
a few unavoidable instances has the proper execution of the process of
the United States failed by reason of the absence of the reciuisite ap-
propriation. This course of ofQcial conduct on the part of these officers,
highly creditable to their fidelity, was advised by the Attorney-General,
who informed them, however, that they would necessarily have to rely
for their compensation upon the prospect of future legislation by Con-
gress. I therefore especially recommend that immediate appropriation
be made by Congress for this purpose.

The act making the principal appropriation for the Department of
Justice at previous sessions has uniforndy contained the following
clause: "And for defraying the expenses which may be incurred in the
enforcement of the act approved February 28, 1870, entitled 'An act to
amend an act approved May 30, 1870, entitled 'An act to enforce the
right of citizens of the United States to vote in the several States of the
United States, and for other purposes,' or any acts amendatory thereof
or supplementary thereto.' "

No appropriation was made for this purpose for the current year. As

276 LETTERS AND MESSAGES.

no general election for members of Congress occurred, the omission
was a matter of little practical importance. Such election will, how-
ever, take pliice during the ensuing year, and the appropriation made
for the pay of marshals and deputies should be sufiQcieiit to embrace
compensation for the services they may be required to perform at such
elections.

The business of the Suj)reme Court is, at present, largely in arrears.
It cannot be expected that more causes can be decided than are noAv
disposed of in its annual session, or that by any assiduity the distin-
guished magistrates who compose the Court can accomplish more than
is now done. In the courts ot many of the circuits, also, the business
has increased to such an extent that the delay of justice will call the
attention of Congress to an appropriate remedy. It is believed that
all is done in each circuit which can fairly be expected from its judicial
force. The evils arising from delay are less heavily felt by the United
States than by private suitors, as its causes are advanced by the courts
when it is seen that they involve the discussion of questious of a pub-
lic character.

The remedy suggested by the Attorney-General is the appointment
of additional circuit judges, and the creation of an intermediate court
of errors and appeals, which shall relieve the Supreme Court of a part
of its jurisdiction, while a larger force is also obtained for the perform-
ance of circuit duties.

I commend this suggestion to the consideration of Congress. It
would seem to afford a complete remedy, and Avould involve, if ten ad-
ditional circuit judges are appointed, an expenditure, at the present
rate of salaries, of not uiore than sixty thousand dollars a year, which
would certainly be small in comparison with the objects to be attained.
The report of the Postmaster-General bears testimony to the general
revival of business throughout the country. The receipts of the Post-
Office Department for the fiscal year ended June 30, 1879, were
130,041,982.86, being $764,465.91 more than the revenues of the pre-
ceding year. The amount realized from the sale of postage-stamps,
stamped enveloi)es, and postal-cards was $764,465.91 more than in the
preceding year, and $2,387,559.23 more than in 1877. The expendi-
tures of the Department were $33,449,899.45, of which the sum of
$376,461.63 was paid on liabilities incurred in preceding years.

The expenditures during the year were $801,209.77 less than in the
preceding year. This reduction is to be attributed mainly to the oper-
ation of the law passed June 17, 1878, changing the compensation of
postmasters from a commission on the value of stamps sold to a com-
mission on stamps cancelled.

LETTERS AND MESSAGES. 277

The amount drawu from the Treasury on appropriations, in ad-
dition to the revenues of the Department, was $3,031,454.96, being
$2,270,197.86 less than in the preceding- year.

The expenditures for the fiscal year ending June 30, 1881, are estimated
at $39,920,900, and the receipts from all sources at $32,210,000, leaving
a deficiency to be appropriated for, out of the Treasury, of $7,710,900.

The relations of the Department with railroad companies have
been harmonized, notwithstandiug the general reduction by Congress
of their compensation, by the appropriation for special facilities, and
the railway post-ofiice lines have been greatly extended, especially in
the Southern States. The interests of the railway-mail service and of
the public would be greatly promoted, and the expenditures could be
more readily controlled by the classification of the employes of the
railway-mail service as recommended by the Postmaster-General, the
appropriation for salaries, with respect to which the maximum limit is
already fixed by law, to be made in gross.

The Postmaster-General recommends an amendment of the law regu-
lating the increase of compensation for increased service and increased
speed on star routes, so as to enable him to advertise for proposals for
such increased service and speed. He also suggests the advantages to
accrue to the commerce of the country from the enactment of a general
law authorizing contracts with American-built steamers, carrying the
American flag, for transi)orting the mail between ports of the United
States and ports of the West Indies and South America, at a fixed
maximum price per mile, the amount to be expended lieing regulated
by annual appropriations, in like manner with the amount paid for the
domestic star service.

The arrangement made by the Postmaster-General and the Secre-
tary of the Treasury for the collection of duty upon books received in
the mail from foreign countries has proved so satisfactory in its prac-
tical operation that the recommendation is now made that Congress
shall extend the provisions of the act of March 3, 1879, under which
this arrangement was made, so as to api)ly to all other dutiable articles
received in the mails from foreign countries.

The reports of the Secretary of the Interior and of the Commissioner
of Indian Affiiirs, setting forth the present state of our relations with
the Indian tribes on our territory, the measures taken to advance their
civilization and prosperity, and the progress already achieved by them,
will be found of more than ordinary interest. The general conduct of
our Indian population has been so satisfactory that the occurrence of
two disturbances, which resulted in bloodshed and destruction of
property', is all the more to be lamented.

278 LETTERS AND MESSAGES.

The history of the outbreak on the White River Ute reservation, iu
Western Colorado, has become so lainiliar by elaborate reports in the
public press that its remarkable incidents need not be stated here iu
detail. It is expected that the settlement of this difficulty will lead to
such arrangements as will prevent further hostile contact between the
Indians and the border settlements in Western Colorado.

The other disturbance occurred at the Mescalero agency, in New
Mexico, where Victoria, the head of a small band of nuirauders, after
committing many atrocities, being vigorously chased by a military
force, made his way across tlie Mexican border and is now on foreign
soil.

While these occurrences, in Avhicli a comparatively small number of
Indians were engaged, are most deplorable, a vast majority of our
Indian population have fidly justified the expectations of those who
believe that by humane and peaceful iutluences the Indians can be led
to abandon the habits of savage life and to develop a capacity for useful
and civilized occupations. What they have already accomplished in the
pursuit of agricultural and mechanical work, the remarkable success
which has attended the experiment of employing as freighters a class
of Indians hitherto counted among the wildest and most intractable,
and the general and urgent desire expressed by them for the education
of their children, may be taken as sufficient proof that they will be
found capable of accomplishing much more if they continue to be wisely
and fairly guided. The " Indian policy " sketched in the report of the
Secretary of the Interior, the object of which is to make liberal i)r()-
vision for the education of Indian youth, to settle the Indians upon
farm-lots in severalty, to give them title in fee to their farms, inaliena-
ble for a certain number of years, and when their wants are thus pro-
vided for, to dispose by sale of the lauds on their reservations not
occupied and used by them, a fund to be formed out of the proceeds
for the benefit of the Indians, which will gradually relieve the Govern-
ment of the expenses now provided for by annual appropriations, must
commend itself as just and beneficial to the Indians, and as also calcu-
lated to remove those obstructions which the existenc«^ of large reser-
vations presents to the settlement and development of the country.
I, therefore, earnestly recommend the enactment of a law emibling the
Government to give Indians a title in fee, inalienable for twenty-five
years, to the farm-lands assigned to them by allotment. I also repeat
the recommendation made in my first annual message, that a law be
passed admitting Indians who can give satisfactory proof of having
by their own labor, supported their families for a number of years,

LETTERS AND MESSAGES. 279

and who are willin.^- to detach themselves from their tribal relations, to
the benefit of the liomestead act, and to grant them patents containing
the same provision of inalienability for a certain period.

The experiment of sending a number of Indian children, of both
sexes, to the ITampton Normal and Agricultural Institute, in Virginia,
to receive an elementary English education and practical instruction in
farming and other useful industries, has led to results so promising,
that it was thought expedient to turn over the cavalry barracks at
Carlisle, in Pennsylvania, to the Interior Department for the establish-
ment of an Indian school on a larger scale. This school has now one
hundred and flfty-eight pupils, selected from various tribes, and is in
full operation. Arrangements are also made for the education of a
mimber of Indian boys and girls belonging to tribes on the Pacific
slope, in a similar manner, at Forest Grove, in Oregon. These institu-
tions will commend themselves to the liberality of Congress and to the
philanthropic munificence of the American i)eople.

Last spring, information was received of the organization of an ex-
tensive movement in the Western States, the object of which was the
occupation by unauthorized persons of certain lands in the Indian
Territory ceded hy the Clierokees to the Government for the ijurpose
of settlenuMit by other Indian tribes.

On the 20th of April, I issued a proclamation warning all i^ersons
against participation in such an attempt, and, by the co-operation of
a military force, the invasion was promptly checked. It is my purpose
to protect the rights of the Indian inhabitants of that Territory to the
full extent of the Execntive power. But it would be unwise to ignore
the fact that a Tei-ritory so large and so fertile, with a population so
sparse and with so great a wealth of unused resources, will be fonnd
more exposed to the repetition of such attempts as happened this year
when the surrounding States are more densely settled and the westward
movement of our population looks still more eagerly for fresh lands to
occupy. Under such circumstances, the difficulty of maintaining the
Indian Territory in its present state will greatly increase, and the In-
dian tribes inhabiting it would do well to prepare for snch a contin-
gency. I, therefore, fully approve of the advice given to them by the
Secretary of the Interior on a recent occasion, to divide among them-
selves in severalty as large a quantity of their land:3 as they can culti-
vate, to acquire imlividual title in fee, instead of their present tribal
ownership in couunon, and to consider in what manner the balance of
their lands may be disposed of by the Government for their benefit.
By adopting such a policy they would more certainly secnre for them-

280 LETTERS AND MESSAGES.

selves the value of their possessions, and at the same time promote
their progress in civilization and prosperity, than by endeavoring to
perpetuate the present state of things in the Territory.

The question whether a change in the control of the Indian service
should be made was, in the Forty-fifth Congress, referred to a joint
committee of both Houses for inquiry and report. In my last annual
message I expressed the hope that the decision of that question, then
in prospect, "would arrest further agitation of this subject, such agita-
tion being apt to produce a disturbing effect upon the service as well as
the Indians themselves." Since then, the committee having reported,
the question has been decided in the negative by a vote in the House
of Eepresentatives.

For the reasons here stated, and in view of the fact that further un-
certainty on this point will be calculated to obstruct other much-needed
legislation, to weaken the discipline of the service, and to unsettle
salutary measures now in progress for the government and improve-
ment of the Indians, I respectfully recommend that the decision arrived
at by Congress at its last session be permittted to stand.

The eftbrts made by the Department of the Interior to arrest the
depredations on the timber-lands of the United States have been con-
tinued, and have met with considerable success. A large number of
cases of trespass have been prosecuted in the courts of the United
States; others have been settled, the trespassers offering to make pay-
ment to the Government for the value of the timber taken by them.
The proceeds of these prosecutions and settlements turned into the
Treasury far exceed in amount the sums appropriated by Congress for
this purpose. A more important result, however, consists in the ftict
that the destruction of our public forests by depredation, although such
cases still occur, has been greatly reduced in extent, and it is probable
that if the present policy is vigorously pursued, and sufficient provision
to that end is made by Congress, such trespasses, at least those on a
large scale, can be entirely suppressed, except in the Territories where
timber for the daily requirements of the population cannot, under the
present state of the law, be otherwise obtained. I, therefore, earnestly
invite the attention of Congress to the recommendation made by the
Secretary of the Interior, that a law be enacted enabling the Govern-
ment to sell timber from the public lands without conveying the fee,
where such lands are principally valuable for the timber thereon, such
sales to be so regulated as to conform to domestic wants and business
requirements, while at the same time guarding against a sweeping
destruction of the forests. The enactment of such a law appears to
become a more pressing necessity every day.

LETTERS AND MESSAGES. 281

My recommendations iu former messages are renewed in favor of en-
larging the facilities of the Department of Agriculture. Agriculture is
the leading interest and the permanent industry of our people. It is to
the abundance of agricultural production, as compared with our home
consumption, and the largely-increased and highly-profitable market
abroad which we have enjoyed in recent years, that we are mainly
indebted for our present prosperity as a people. We must look for its
continued maintenance to the same substantial resource. There is no
branch of industry in which labor, directed by scientific knowledge,
yields such increased production in comparison with unskilled labor,
and no branch of the public service to which the encouragement of
liberal appropriations can be more appropriately extended. The omis-
sion to render such aid is not a wise economy ; but, on the contrary,
undoubtedly results in losses of immense sums annually that might be
saved through well-directed efforts by the Government to promote this
vital interest.

The results already accomplished with the very limited means here-
tofore placed at the command of the Department of Agriculture are an
earnest of what may be expected with increased aijpropriations for the
several purposes indicated in the report of the Commissioner, with a
view to placing the Department upon a footing which will enable it to
prosecute more eifectively the objects for which it is established.

Appropriations are needed for a more complete laboratory, for the
establishment of a veterinary division, and a division of forestry, and
for an increase of force.

The requirements for these and other purposes, indicated in the re-
port of the Commissioner under the head of the immediate necessities
of the Department, will not involve any expenditure of money that the
country cannot with i)ropriety now undertake in the interests of agri-
culture.

It is gratifying to learn from the Bureau of Education the extent to
which educational privileges throughout the United States have been
advanced during the year. No more fundamental responsibility rests
upon Congress than that of devising appropriate measures of financial
aid to education, supplemental to local action in the States and Terri-
tories and in the District of Columbia. The wise forethought of the
founders of our Government has not only furnishe'd the basis for the
support of the common-school systems of the newer States, but laid the
foundations for the maintenance of their universities and colleges of
agriculture and the mechanic arts. Measures in accordance with this
traditional policy for the further benefit of all these interests, and the

282 LETTERS AND MESSAGES.

extension of the same advantages to every i^ortion of the country, it is
hoped, will receive your favorable consideration.

To preserve and i)erpetuate the Xational literature should be among
the foremost cares of the iS'ational legislature. The library gathered
at the Capitol still remains unprovided witli anj- suitable accommoda-
tions for its rapidly-increasing stores. The magnitude and imjiortance
of the collection, increased as it is by the deposits made under the law
of copyright, by domestic and foreign exchanges, and by the scientific
library of the Smithsonian Institution, call for building accommodations
which shall be at once adequate and fire-proof. The location of such a
public building, which should provide for the pressing necessities of the
present, and for the vast increase of the Nation's books in the future, is
ii matter which addresses itself to the discretion of Congress. It is
earnestly recommended as a measure which should unite all suffrages,
and which should no longer be delayed.

The Joint Commission created by the act of Congress of August 2,
1870, for the purpose of supervising and directing the completion of the
Washington National Monument, of which Commission the President
is a member, has given careful attention to this subject, and already
the strengthening of the foundation has so far progressed as to insure
the entire success of this part of the work. A massive layer of masonry
has been introduced below the original foundation, widening the base,
increasing the stability of the structure, and rendering it j)ossible to
carry the shaft to completion. It is earnestly recommended that such
further appropriations be made for the continued prosecution of the
work as may be necessary for the completion of this National Monu-
ment at an early day.

In former messages, impressed with the importance of the subject, I
have taken occasion to commend to Congress the adoption of a gen-
erous policy towards the District of Columbia. The report of the Com-
missioners of the District, herewith transmitted, contains suggestions
and recommendations, to all of which I earnestly invite your careful
attention. I ask your early and faA^orable consideration of the views
which they express as to the urgent need of legislation for the reclama-
tion of the marshes of the Potomac and its Eastern Branch, within the
limits of the city, and for the repair of the streets of the Capital, here-
tolbre laid with wooden blocks, and now, by decay, rendered almost
impassable, and a source of imminent danger to the health of its citi-
zens. The means at the disposal of the Commissioners are wholly in-
adequate for the accomplishment of these important woiks, and should
be supplemented by timely approjmations from the Federal treasury.

LETTERS AND MESSAGES. 283

The filling of the flats in front of the city will add to the adjacent
lauds and parks now owned by the United States a large and valuable
domain, sufBcient, it is thought, to reimburse its entire cost, and will
also, as an incidental result, secure the permanent improvement of the
river for the purposes of navigation.

The Constitution having invested Congress with supreme and exclu-
sive jurisdiction over the District of Columbia, its citizens must, of ne-
cessity, look to Congress alone for all needful legislation affecting their
interests; and, as the territory of this District is the common property
of the people of the United States, who, equally with its resident citi-
zens, are interested in the prosperity of their Capital, I cannot doubt
that you will be amply sustained by the general voice of the country
in any measures you may adoi)t for this purpose.

I also invite the favorable consideration of Congress to the wants of
the public schools of this District, as exhibited in the report of the
Commissioners. While the number of pupils is rapidly increasing, no
adequate provision exists for a corresponding increase of school accom-
modation, and the Commissioners are without the means to meet this
urgent need. A number of the buildings now used for school purposes
are rented, and are, in important particulars, uusuited for the purpose.
The cause of popular education in the District of Columbia is surely
entitled to the same consideration at the hands of the National Gov-
ernment as in the several States and Territories, to which munificent
grants of the public lands have been made for the endowment of
schools and universities.

RUTHERFORD B. HAYES.

Executive Mansion, December 1, 1879.

PROCLAMATION.
INVASION OF INDIAN TERRITORY

P^EBRUARY 19, 1880.

PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas it has become known to itie that certain evil-disposed per-
sons have, within the territory and jnrisdiction of tl»e United States,
begun and set on foot preparations for an organized and forcible pos-
session of and settlement ujiou the lands of what is known as the Indian
Territory, west of the State of Arkansas, which Territory is designated,
recognized, and described by the treaties and laws of the United States,
and by the executive authorities, as Indian Country, and as such is
only subject to occupation by Indian tribes, ofiacers of the Indian
De])artnient, nulitary posts, and such persons as may be privileged to
reside and trade therein under the intercourse laws of the United
States;

And Avhereas those laws provide for the removal of all persons resid-
ing and trading therein, without express permission of the Indian
Department and agents, and also of all persons whom sucli agents may
deem to be improper persons to reside in the Indian Country;

And whereas, in aid and support of such organized movement, it has
been represented that no further action will be taken by the Govern-
ment to prevent persons from going into said Territory and settling
therein, but such representations are wholly without authority:

Now, therefore, for the purpose of properly protecting the interests
of the Indian nations and tril)es, as well as of the United States, in
said Indian Territory, and of duly enforcing the laws governing the
same, I, Rutherford B. Hayes, President of the United States, do ad-
monish and warn all such persons so intending or preparing to remove
upon said lands, or into said Territory, without permission of the proper
agent of the Indian Department, against any attempt to so remove or
settle upon any of the lands of said Territory; and I do further warn
and notify any and all such persons who may so offend that they will
be speedily and immediately removed therefrom by the agent, accord-
ing to the laws made and provided, and that no efforts will be spared
to prevent the invasion of said Territory, rumors spread by evil-disposed

288 LETTERS AND MESSAGES.

persons to the contrary notwithstanding; and if necessary the aid and
assistance of the military forces of the United States will be invoked
to carry into proper execution the laws of the United States herein
referred to.

In testimony whereof I have hereunto set my hand, and caused the
seal of the United States to be af&xed.

Done at the city of Washington, this twelfth day of February, in the
year of our Lord one thousand eiglit hundred and eighty, and
[SEAL.] of the Independence of the United States the one hundred
and fourth.

E. B. HAYES.

By the President :

Wm. M. Evarts,

Secretary of State.

MESS^OE

THE HOUSE OF REPRESENTATIVES

MARCH 8, 1880.

MESSAGE.

To THE House of Eepresentatives :

I transmit herewith the report of the Secretary of State, and the
accompanying papers, in response to the resolution adopted by the
House of Eepreseutatives on the 10th of February last, requesting
"copies of all correspondence in relation to the interoceanic canal
which may have passed between this Government and foreign Govern-
ments ; also between this Government and its own representatives in
other countries ; and between this Government and individuals inter-
ested in, or proposing to be interested in, negotiations for the construc-
tion of such a canal; and that he communicate to this House what, if
any, treaty obligations with other Governments rest upou this Govern-
ment."

In further compliance with the resolution of the House, I deem it
proper to state briefly my opinion as to the policy of the United States
with respect to the construction of an interoceanic canal by any route
across the American Isthmus.

The policy of this country is a canal under American control. The
United States cannot consent to the surrender of this control to any
European Power or to any combination of European Powers. If exist-
ing treaties between the United States and other Nations, or if the
rights of sovereignty or property of other Nations, stand in the way of
this policy — a contingency which is not apprehended— suitable steps,
should be taken by just and liberal negotiations to promote and estab-
lish the American policy on this subject, consistently with the rights
of the Nations to be aifected by ic.

The capital invested by corporations or citizens of other countries in
such an enterprise must in a great degree look for protection to one or
more of the great Powers of the world. No European Power can inter-
vene for such protection without adopting measures on this continent
which the United States would deem wholly inadmissible. If the pro-
tection of the United States is relied upou, the United States must
exercise such control as will enable this country to protect its national
interests and maintain the rights of those whose private capital is
embarked in the work.

292 LETTERS AND MESSAGES.

An interoceanic canal across tlie American Isthmus will essentially
change the geographical relations between the Atlantic and Pacific
coasts of the United States, and between the United States and the
rest of the world. It vnll be the great ocean thoroughfare between our
Atlantic and our Pacific shores, and virtually a part of the coast line
of the United States. Our merely commercial interest in it is greater
than that of all other countries, while its relations to our power and
prosperity as a Nation, to our means of defence, our unity, peace, and
safety, are matters of paramount concern to the people of the United
States. No other great Power would, under similar circumstances, fail
to assert a rightful control over a work so closely and vitally affecting
its interest and welfare.

Without urging further the grounds of my opinion, I repeat, in con-
clusion, that it is the right and the duty of the United States to assert
and maintain such supervision and authority over any interoceanic
canal across the Isthmus that connects North and South America, as
will protect our national interests. This I am quite sure will be found
not only compatible with, but promotive of the widest and most per-
manent advantage to commerce and civilization.

EUTHERFOED B. HAYES.

Executive Mansion, March 8, 1880.

M:ESSA.aE:

THE TWO HOUSES OF CONGRESS

APRIL 92, 1880.

MESSAGE.

To THE Senate and House of Representatives:

I have the honor to inform Congress that Mr. J. Randolph Coolidge,
Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
Dwight, of Massachusetts, the heirs of the late Joseph Coolidge, jr.,
desire to present to the United States the desk on which the Declara-
tion of Independence was written. It bears the following inscription
in the handwriting of Thomas Jefferson:

"Thomas Jefferson gives this writing-desk to Joseph Coolidge, jr.,
as a memorial of his affection. It was made from a drawing of his
own, by Ben. Kandall, cabinet-maker of Philadelphia, with whom he
first lodged on his arrival in that city in May, 1776, and is the identical
one on which he wrote the Declaration of Independence.

"Politics as well as religion has its superstitions. These, gaining
strength, with time, mav one day give imaginary value to this relic for
its association with the "birth of the great charter of our Independence.

"MONTICELLO, November 18, 1825."

The desk was placed in my possession by Hon. Robert C. Winthrop,
and is herewith transmitted to Congress, with the letter of Mr. Win-
throp, expressing the wish of the donors "to offer it to the United
States, that it may hereafter have a place in the Department of State
in connection with the immortal instrument which was written upon it
in 1770."

I resi)ectfully recommend that such action may be taken by Congress
as may be deemed appropriate with reference to a gift to the Kation so
])recious in its history and for the memorable associations which belong

to it.

RUTHERFORD B. HAYES.

Executive Mansion, April 22, 1880.

"Washington, D. C, April 14, 1880.

"My dear sir: I have been privileged to bring with me from Bos-
ton, as a present to the United States, a very precious historical relic.
It is the little desk on which Mr. Jefferson wrote the original draught
of the Declaration of Independence.

"This desk was given by Mr. Jefferson himself to my friend the late
Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's

296 LETTERS AND MESSAGES.

grandclaugliter, Miss Randolpli; and it bears an autograph inscription,
of singular interest, written by the illustrious author of the Declara-
tion in the very last year of his life.

"On the recent death of Mr. Coolidge, whose wife had died a year
or two previously, the desk became the property of their children — Mr.
J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jeflerson
Coolidge, and Mrs. Ellen Dwight — who now desire to offer it to the
United States, so that it may lienceforth have a place in the Depart-
ment of State, in connection with the immortal instrument which was
written upon it in 177G.

"They have done me the honor to make me the medium of this dis-
tinguished gift, and I ask permission to place it in the hands of the
Chief Magistrate of the Nation in their name and at their request.

"Believe me, dear Mr. President, with the highest respect, very faith-
fully, your obedient servant,

"ROBERT C. WINTHROP.

" His Excellency Rutherford B. Hayes,

^^ President of the United States."

•

]>d:ESSA.GE

RETURNING TO THE

HOUSE OF REPKESENTATIVES THE BILL ENTITLED "AN ACT MAKING
APPROPRIATIONS TO SUPPLY CERTAIN DEFICIENCIES IN THE
APPROPRIATIONS FOR THE SERVICE OF THE GOVERN-
MENT FOR THE FISCAL YEAR ENDING JUNE 30,
1880, AND FOR OTHER PURPOSES."

MAY 4, 1880.

MESSAGE.

To THE House of Representatives:

After mature consideration of the bill entitled "An act making ap-
propriations to supply certain deficiencies in the appropriations for the
service of the Government for the fiscal year ending June 30, 1880, and
for other purposes," I return it to the House of Representatives, in
which it originated, with my objections to its passage.

The bill appropriates about $8,000,000, of which over $600,000 is for
the payment of the fees of United States marshals, and of the general
and special deputy marshals, earned during the current fiscal year,
and their incidental expenses. The appropriations made in the bill
are needed to* carry on the operations of the Government and to fulfil
its obligations for the payment of money long since due to its officers
for services and expenses essential to the execution of their duties under
the laws of the United States. The necessity for these appropriations
is so urgent, and they have been already so long delayed, that if the
bill before me contained no permanent or general legislation uncon-
nected with these appropriations it would receive my prompt approval.
It contains, however, provisions which materially change, and by im-
plication repeal, important parts of the laws for the regulation of the
United States elections. These laws have for several years past been
the subject of vehement political controversy, and have been denounced
as unnecessary, oppressive, and unconstitutional. On the other hand,
it has been maintained with equal zeal and earnestness, that the elec-
tion laws are indispensable to fair and lawful elections, and are clearly
warranted by the Constitution. Under these circumstances, to attempt
in an appropriation bill the modification or repeal of these laws is to
annex a condition to the passage of needed and proper appropriations
which tends to deprive the Executive of that equal and independent
exercise of discretion and judgment which the Constitution contem-
plates.

The objection to the bill, therefore, to which I respectfully ask your
attention, is that it gives a marked and deliberate sanction, attended
by no circumstances of pressing necessity, to the questionable and, as
I am clearly of opinion, the dangerous practice of tacking upon appro-

300 LETTEKS AND MESSAGES.

l^riatiou bills general aud i)ermanciit legislation. This practice opens
a wide door to hasty, inconsiderate, and sinister legislation. It invites
attacks upon the independence and constitntional powers of the Exec-
utive by providing an easy and effective way of constraining Executive
discretion. Although of late this practice has been resorted to by all
political parties, when clothed with power, it did not prevail until forty
years after the adoption of the Constitution, and it is contideutly be-
lieved that it is condemned by the enlightened judgment of the coun-
try. The States which have adopted new constitutions during the last
quarter of a century have generally provided remedies for the evil.
Many of them have enacted that no law shall contain more than one
subject, which shall be plainly expressed in its title. The constitu-
tions of more than half of the States contain substantially this provis-
ion, or some other of like intent and meaning. The public welfare will
be promoted in many ways by a return to the early practice of the
Government and to the true rule of legislation, which is that every
measure should stand upon its own merits.

I am firmly convinced that appropriation bills ought not to contain
any legislation not relevant to the application or expenditure of the
money thereby appropriated, and that by a strict adherence to this
principle an important and much-needed reform will be accomplished.

Placing my objection to the bill on this feature of its frame, I for-
bear any comment upon the important general and permanent legisla-
tion which it contains, as matter for specific and independent consid-
eration.

RUTHERFORD B, HAYES.

Executive Mansion, May 4, 1880.

ADDRESS

OHIO SOLDIERS' REUNION, COLUMBUS, OHIO.

AUaUST 11, 1880.

ADDRESS.

Mr. President:

The citizens of Ohio who were soldiers in the Uuion Army, and who
have assembled here in such large numbers, have many reasons for
mutual congratulations as they exchange greetings and renew old
friendships at this State Keunion. We rejoice that we had the glorious
priAdlege of enlisting and serving on the right side in the great conflict
for the Union and for equal rights.

The time that has passed since the contest ended is not so great but
that we can without effort recall freshly and vividly the events and
scenes and feelings and associations of that most interesting period of
our lives. We rejoice, also, that we have been permitted to live long
enough to see and to enjoy the results of the victory we gained, and to
measure the vast benefits which it conferred on our country and on the
Avorld. I shall not attempt to make a catalogue of those benefits, or to
estimate their value. A single fact, to which I call your attention, will
sufficiently illustrate, for my present purpose, the immeasurable bless-
ings conferred upon the United States by the success of the Union
arms.

The statistics of emigration showing the movements of population
which are going on in the world, afford a very good test of the com-
parative advantages and prosperity of the various civilized Nations.
People leave their own country and seek new homes in foreign lands to
better their condition. Immigration into a country, therefore, is an
evidence of that country's prosperity. It is also a most efficient cause
of the progress of the country which receives it. During our civil war,
and during the disturbed and troubled years which immediately pre-
ceded and followed it, immigration fell off and became of comparatively
small importance. But now, our country's prosperity, the stability of
our Government, and the permanent prevalence of peace at home and
with foreign Nations, blessings which could not have been enjoyed by
this country if the Union arms had failed, have given to the world a
confidence in the future welfare and greatness of the United States
which is pouring upon our shores such streams of immigration as were
never known before.

d04 LETTERS AND MESSAGES.

This is a fact of the most j)regDaiit significance in our present con-
dition. If we take a survey of tlie globe we shall find everywhere,
among civilized Nations especially, many people who are eagerly look-
ing forward to the time when they can emigrate to some more favored
land. Only one of the great Nations is in no danger of losing its capital
and labor and skill by emigration. We find only one which, by immi-
gration, is gaining rapidly" in numbers, wealth, and power. All are
losing by this cause except the United States. The United States
alone is gaining. Other Nations see their people going, going. We
see, from every quarter, the people of other countries coming, coming,
coming.

There is one flag, and in all the world only one, whose protection,
good men and women born under it will never willingly leave. There
is one flag, and only one in the world, whose protecting folds, good men
and women born under every other flag that floats under the whole
heavens, are eagerly and gladly seeking. That flag, so loved at home,
so longed for by millions abroad, is the old flag under which we marched,
to save, what in our soldier days we were fond of calling "God's coun-
try."

It is easily seen what it is that chiefly attracts this immigration. It
goes where good land is cheap; where labor and capital find profitable
employment; where peace and social order prevail; and where civil and
religious liberty are secure. If we draw nearer to the subject, and ask
where in our own country does this immigration mainly go, the recent
census, whose results we are now getting, gives us the answer. That
census shows us parts of our country, where land is cheap and where
capital and labor are needed, that are not rapidly increasing in popula-
tion. In these States it will be found that two things are wanting:
the means for popular education are not sufiiciently provided, and the
good order of society is disturbed by a practical popular refusal to
accept the results of the war for the Union. These two defects, wher-
ever they prevail in our American society, are hostile to the increase
of population and to ])rosperity. They are found generally to exist
together. Where popular education prevails, the equal-rights " amend-
ments to the Constitution of the United States, embodying the results
of the war, are inviolable."

It must, perhaps, be conceded that there was one great error in the meas-
ures by which it was souglit to secure the results — to harvest the fruits
of our Union victory. The system of slavery in the South of necessity
kept in ignorance four millions of slaves. It also left unprovided with
education, a large number of non-slaveholding white i)eople. With the

LETTERS AND MESSAGES. 305

end of the war the slaves inevitably became citizens. The uneducated
whites remained as they had been, also citizens. Thus the grave duties
and responsibilities of citizenship were devolved largely in the States
lately in rebellion, upon uneducated people, white and colored. And
with what result? Liberty and the exercise of the rights of citizen-
ship are excellent educators. In many respects, we are glad to believe,
that encouraging progress has been made at the South. The labor
system has been reorganized, material prosperity is increasing, race
prejudices and antagonisms have diminished, the passions and animosi-
ties of the war are subsiding, and the ancient harmony and concord,
and patriotic national sentiments are returning. But, after all, we can-
not fail to observe that immigration, which so infallibly and instinc-
tively finds out the true condition of all countries, does not largely go
into the late slaveholding region of the United States. A great deal
of cheap and productive land can there be found where population is
not rapidly increasing. When our Revolutionary Fathers adopted the
ordinance of 1787, for the government of the Northwest Territory, out
of which Ohio and four other great States have been carved, they
were not content with merely putting into that organic law a firm pro-
hibition against slavery, and providing etfectual guarantees of civil
and religious liberty, but they established, as the corner-stone of the
free institutions they wished to build, this Article: ^^Beligioii, morality,
and Tcnoicledge being necessary to good government and the happiness of
manUnd, schools and the means of education shall forever
BE ENCOURAaED." Unfortunately for the complete success of recon-
struction in the South, this stone was rejected by its builders. Slavery
had been destroyed by the war; but its evils live after it, and deprive
many parts of the South of that intelligent self-government without
which, in America at least, great and permanent prosperity is impos-
sible.

To perpetuate the Union and to abolish slavery were the work of the
war. To educate the uneducated is the appropriate work of peace.
As long as any considerable numbers of our countrymen are unedu-
cated, the citizenship of every American in every State is impaired in
value and is constantly imperilled. It is plain that at the end of the
war the tremendous change in the labor and social systems of the
Southern States, and the ravages and impoverishraent of the conflict,
added to the burden of their debts, and the loss of their whole circulat-
ing medium, which died in their hands, left the people of those States
in no condition to provide for universal popular education. In a recent
memorial to Congress on this subject, in behalf of the trustees of the
20

306 LETTERS AND MESSAGES.

Peabocly Educational Fund, Hon. A. H. H. Stuart, of Virginia, shows
that "two millions of children in the Southern States are without the
means of instruction;" and adds, with great force, "Where millions
of citizens are growing up in the grossest ignorance, it is obvious that
neither individual charity nor the resources of impoverished States
will be sufticieut to meet the emergency. Nothing short of the wealth
and power of the Federal Government will suffice to overcome the evil."

The principle applied by general consent to works of public improve
ment is in point. That principle is, that wherever a public improvement
is of national importance, and local and private enterprise are inade-
quate to its prosecution, the General Government should undertake it.
On this principle I would deal with the question of education by the
aid of the National Government. Wherever in the United States the
local systems of popular education are inadequate, they should be sup-
plemented by the General Government, by devoting to the purpose, by
suitable legislation and with proper safeguards, the public lands, or if
necessary, api)ropriations from the Treasury of the United States.

The soldier of the Union has done his work, and has done it well.
The work of the schoolmaster is now in order. Wherever his work
shall be well done, in all our borders, it will be found that there, also, the
principles of the Declaration of Independence will be cherished, the
sentiment of Nationality will prevail, the equal-rights amendments will
be cheerfully obeyed, and there will be "the home of freedom and the
refuge of the oppressed of every race and of every clime."

THANKSGIVING PROCLAMATION.

NOVEMBER 1, 1880.

PROCLAMATION.

BY THE PEESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION

At no period ia their history since the United States became a
Nation has this people had so abundant and so universal reasons for
joy and gratitude at the favor of Almighty God, or been subject to so
profound an obligation to give thanks for His loving kindness and
humbly to implore His continued care and protection.

Health, wealth, and x^rosperity throughout all our borders; peace,
honor, and friendship with all the world; firm and faithful adherence
by the great body of our population to the principles of liberty and
justice which have made our greatness as a Nation; and to the wise
institutions and strong frame of government and society which will
perpetuate it. For all these let the thanks of a happy and united people,
as with one voice, ascend in devout homage to the Giver of all good.

I, therefore, recommend that on Thursday, the twenty-fifth day of
November next, the people meet in their respective places of worship
to make their acknowledgments to Almighty God for His bounties and
His protection, and to offer to Him prayers for their continuance.

In witness whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.

Done at the city of Washington this first day of November, in the
year of our Lord one thousand eight hundred and eighty, and
[seal,.] of the Independence of the United States the one hundred and
fifth.

R. B. HATES.

By the President:

Wm. M. Evarts,

Secretary of State.

JMESS^aE

TWO HOUSES or OONGEESS AT THE OOMMEKCEMENT OE THE THIED
SESSION or THE EOETY-SIXTH OONaEESS.

DECEMBER 6, 1880.

MESSAGE.

Fellow-Citizens of the Senate

AND House of Eepresentatives:

I congratulate you on the continued and increasing prosperity of our
country. By tlie favor of Divine Providence we have been blessed^
during the past year, with health, with abundant harvests, with i^roiit-
able employment for all our people, and with contentment at home^
and with peace and friendship with other Nations.

The occurrence of the twenty-fourth election of Chief Magistrate has
afforded another opportunity to the people of the United States to •
exhibit to the world a significant example of the peaceful and safe
transmission of the power and authority of government from the public
servants whose terms of ofidce are about to exi^ire, to their newly-chosen
successors. This example cannot fail to impress profoundly, thought-
ful people of other countries witli the advantages which republican
institutions afford. The immediate, general, and cheerful acquiescence
of all good citizens, in the result of the election, gives gratifying assur-
ance to our country, and to its friends throughout the world, that a
Government based on the free consent of an intelligent and patriotic
people possesses elements of strength, stability, and iiermaneucy not
found in any other form of government.

Continued opposition to the full and free enjoyment of the rights of
citizenship, conferred upon the colored people by the recent amend-
ments to the Constitution, still prevails in several of the late slave-
holding States. It has, perhaps, not been manifested in the recent
election to nwy large extent in acts of violence or intimidation. It has,
however, by fraudulent practices in connection with the ballots, with
the regulations as to the places and manner of voting, and with count-
ing, returning, and canvassing the votes cast, been successful in defeat
ing the exercise of the right preservative of all rights, the right of
suffrage, which the Constitution expressly confers upon our enfranchised
citizens.

It is the desire of the good people of the whole country that section-
alism as a factor in our i)olitics should disap])ear. They prefer that no
section of the country should be united in solid opposition to any other
section. The disposition to refuse a prompt and hearty obedience to

314 LETTERS AND MESSAGES.

the equal-rights amendments to the Constitution, is all that now stands
in the way of a C()mi)lete obliteration of sectional lines in our political
contests. As long as either of these amendments is flagrantly violated
or disregarded, it is safe to assume that the people who placed them in
the Constitution, as embodying the legitimate results of the war for the
Union, and who believe them to be wise and necessary, will continue
to act together, and to insist that they shall be obeyed. The para-
mount question still is, as to the enjoyment of the right by every
American citizen who has the requisite qualifications, to freely cast his
vote and to have it honestly counted. With this question rightly
settled, the country will be relieved of the contentions of the past;
bygones will indeed be bygones; and political and party issues with
respect to economy and efficiency of administration, internal improve-
ments, the tariff, domestic taxation, education, finance, and other im-
portant subjects, will then receive their full share of attention; but
resistance to and nullification of the results of the war, will unite to-
gether in resolute purpose for their supi)ort all who maintain the
authority of the Government and the perpetuity of the Union, and who
adequately appreciate the value of the victory achieved. This deter-
mination proceeds from no hostile sentiment or feeling to any part of
the people of our country, or to any of their interests. The inviolability
of the amendments rests upon the fundamental principle of our Gov-
ernment. They are the solemn expression of the will of the people of
the United States.

The sentiment that the constitutional rights of all our citizens must
be maintained does not grow weaker. It will continue to control the
Government of the country. Happily, the history of the late election
jshows that in many parts of the country where opposition to the fif-
teenth amendment has heretofore i:)revailed, it is diminishing, and is
likely to cease altogether, if firm and well-considered action is taken by
Congress. I trust the House of Representatives and the Senate, which
have the right to judge of the elections, returns, and qualifications of
their own members, will see to it that every case of violation of the
letter or spirit of the fifteenth amendment is thoroughly investigated,
and that no benefit from such violation shall accrue to any person or
party. It will be the duty of the Executive, with sufficient appropria-
tions for the purpose, to prosecute unsparingly all who have been
engaged in depriving citizens of the rights guaranteed to them by the
Constitution.

It is not, however, to be forgotten that the best and surest guarantee
of the primary rights of citizenship is to be found in tliat capacity for

LETTERS AND MESSAGES. 315

* self-protection which can belong only to a people whose right to uni-
versal suffrage is supported by universal education. The means at the
command of the local and State authorities are, in many cases, wholly
inadequate to furuish free instruction to all who need it. This is espe-
cially true where, before emancipation, the education of the people was
neglected or prevented, in the interest of slavery. Firmly convinced
that the subject of popular education deserves the earnest attention of
the people of the whole country, with a view to wise and comprehen-
sive action by the Government of the United States, I respectfully
recommend that Congress, by suitable legislation and with proi)er safe-
guards, supplement the local educational funds in the several States
where the grave duties and responsibilities of citizenship have been
devolved on uneducated people, by devoting to the purpose grants of
the public lands, and, if necessary, by appropriations from the Treasury
of the United States. Whatever Government can ftiirly do to promote
free popular education ought to be done. Wherever general education
is found, peace, virtue, and social order prevail, and civil and religious
liberty are secure.

In my former annual messages I have asked the attention of Con-
gress to the urgent necessity of a reformation of the (dvil-service sys-
tem of the Government. My views concerning the dangers of patronage,
or appointments for personal or partisan considerations, have been
strengthened by my observation and experience in the Executive ofiQce,
and I believe these dangers threaten the stability of the Government.
Abuses so serious in their nature cannot be permanently tolerated.
They tend to become more alarming with the enhirgement of admin-
istrative service, as the growtli of the country in population increases
the number of ofldcers and placemen employed.

The reasons are imperative for the adoption of fixed rules for the
regulation of appointments, promotions, and removals, establishing a
uniform method, having exclusively in view, in every instance, the
attainment of the best qualifications for the position in question. Such
a method alone is consistent with the equal rights of all citizens, and
the most economical and efficient administration of the public business.

Competitive examinations, in aid of impartial appointments and pro-
motions, have been conducted for some years past in several of tlie
Executive Departments, and by my direction this system has been
adopted in the custom-houses and post offices of the larger cities of the
country. In the city of Kew York over two thousand ])ositions in the
civil service have been subject, in their appointments and tenure of
place, to the operation of published rules for this purpose, during the

316 LETTERS AND MESSAGES.

past two years. The results of these practical trials have been very
satisfactory, and have confirmed my opinion in favor of this system of
selection. All are subjected to the same tests, and the result is free
from prejudice by personal favor or partisan influence. It secures for
the position applied for the best (pialifications attainable among- the
com])eting applicants. It is an effectual protection from the pressure
of importunity which, under any other course pursued, largely exacts
the time and attention of appointing officers, to their great detriment
in the discharge of other official duties, preventing the abuse of the
service for the mere furtherance of private or party purposes, and leaving
the employ^- of the Government, freed from the obligations imposed by
patronage, to depend solely upon merit for retention and advancement,
and with this constant incentive to exertion and improvement.

These invaluable results have been attained in a high degree in the
offices Avliere the rules for appointment by competitive examination
have been api)lied.

A method which has so approved itself by experimental tests at
points where such tests may be fairly considered conclusive, should be
extended to all subordinate positions under the Government. I believe
that a strong and growing public sentiment demands immediate meas-
ures for securing and enforcing the highest possible efficiency in the
civil service, and its protection from recognized abuses, and that the ex-
perience referred to has demonstrated the feasibility of such measures.

The examinations in the custom-houses and post offices have been
held under many embarrassments and without provision for compen-
sation for the extra labor performed by the officers who have con-
ducted them, and whose commendable interest in the improvement of
the public service has induced this devotion of time and labor without
pecuniary reward. A continuance of these labors gratuitously ought
not to be expected, and without an a])propriation by Congress for com-
pensation, it is not practicable to extend the system of examinations
generally througlumt the civil service. It is also highly important that
all such examinations should be conducted upon a uniform system and
under general supervision. Section 1753 of the Revised Statutes author-
izes the President to prescribe the regulations for admission to the
civil service of the United States, and for this purpose to employ suit-
able persons to conduct the requisite inquiries with reference to " the
fitness of each candidate, in respect to age, health, character, knowl-
edge, and ability, for the branch of service into which he seeks to enter; "
but the law is practically inoperative for want of the requisite appro-
priation.

LETTERS AND MESSAGES. 317

I therefore recommend an appropriation of $25,000 per annum to
meet the expenses of a commission, to be appointed by the President
in accordance with the terms of this section, whose duty it shall be to
devise a just, uniform, and efficient system of competitive examina-
tions, and to supervise the application of the same throughout the
entire civil service of the Government. I am persuaded that the facili-
ties which such a commission will afford for testing the fitness of those
who apply for office will not only be as welcome a relief to members of
Congress as it will be to the President and heads of Departments, but
that it will also greatly tend to remove the causes of embarrassment
which now inevitably and constantly attend tlie conflicting claims of
patronage between the Legislative and Executive Departments. The
most effectual check upon the pernicious competition of influence and
official favoritism, in the bestowal of office, will be the substitution of
an open competition of merit between the applicants, in which every
one can make his own record with the assurance that his success will
depend upon this alone.

I also recommend such legislation as, while leaving every officer as
free as any other citizen to express his political opinions and to use his
means for their advancement, shall also enable him to feel as safe as
any private citizen in refusing all demands upon his salary for political
purposes. A law which should thus guarantee trueliberty and justice
to all who are engaged in the public service, and likewise contain
stringent provisions against the use of official authority to coerce the
political action of private citizens or of official subordinates, is greatly
to be desired.

The most serious obstacle, however, to an improvement of the civil
service, and especially to a reform in the method of appointment and
removal, has been found to be the practice, under what is known as the
spoils system, by which the appointing power has been so largely
encroached upon by members of Congress. The first step in the reform
of the civil service must be a complete divorce between Congress and
the Executive in the matter of appointments. The corrupting doctrine
that " to the victors belong the spoils" is inseparable from Con-
gressional patronage as the established rule and practice of parties in
powder. It comes to be understood by applicants for office, and by the
people generally, that Eepresentatives and Senators are entitled to
disburse the patronage of their respective districts and States. It is
not necessary to recite at length the evils resulting from this invasion
of the Executive functions. The true principles of government on the
subject of appointments to office, as stated in the National Conventions

318 LETTERS AND MESSAGES.

of the leading parties of the country, have again and again been ap-
proved V)y the American people, and have not been called in question
in any (piarter. These authentic expressions of public opinion upon
this all-important subject are the statement of principles that belong
to the constitutional structure of the Government.

"Under the Constitution, tlie President and heads of Departments
are to make nominations for office. The Senate is to advise and con-
sent to appointments, and the House of Representatives is to accuse
and prosecute faithless officers. The best interests of the public service
demand that these distinctions be respected ; that Senators and Rep-
resentatives, who may be judges and accusers, should not dictate ap-
pointments to office." To this end the co-operation of the Legislative
Department of the Government is required alike by the necessities of
the case and by public opinion. Members of Congress will not be
relieved from the demands made upon them with reference to appoint-
ments to office until, by legislative enactment, the pernicious practice
is condemned and forbidden.

It is, therefore, recommended that an act be passed defining the
relations of members of Congress with respect to appointments to
office by the President, and I also recommend that the provisions of
section 17G7, and of the sections following, of the Revised Statutes,
comprising the Tenure-of- Office Act, of March 2, 1867, be repealed.

Believing that to reform the system and methods of the civil service
in our country is one of the highest and most imperative duties of
statesmanship, and that it can be permanently done only by the co-
operation of the Legislative and Executive Departmentsof the Govern-
ment, I again commend the whole subject to your considerate attention.

It is the recognized duty and purpose of the people of the United
States to suppress polygamy where it now exists in our Territories, and
to prevent its extension. Faithful and zealous efforts have been made
by the United States authorities in Utah to enforce the laws against it.
Experience has shown that the legislation upon this subject, to be
effective, requires extensive modification and amendment. The longer
action is delayed the more difficult it will be to accomplish what is
desired. Prompt and decided measures are necessary. The Mormon
sectarian organization which upholds polygamy has the whole power
of making and executing the local legislation of the Territory. By its
control of the grand and petit juries, it i)Ossesses large influence over
the advuinistration of justice. Exercising, as the heads of this sect do,
the local political power of the Territory, they are able to nmke effect-
ive their hostility to the law of Congress on the subject of polygamy,

LETTERS AND MESSAGES. 319

and, in fact, do prevent its enforcement. Polygamy will not be abol-
ished if the enforcement of the law depends on those who practice and
uphold the crime. It^an only be suppressed by taking away the
political power of the sect Vhich encourages and sustains it. The
power of Congress to enact suitable laws to protect the Territories is
ample. It is not a case for half-way measures. The political power of
the Mormon sect is increasing; it controls now one of our wealthiest
and most populous Territories. It is extending steadily into other Ter-
ritories. Wherever it goes it establishes polygamy and sectarian politi-
cal power. The sanctity of marriage and the family relation are the
corner-stone of our American society and civilization. Eeligious lib-
erty and the separation of Church and State are among the elementary
ideas of free institutions. Tore-establish the interests and princijdes
which polygamy and Mormonism have imperilled, and to fully reopen
to intelligent and virtuous immigrants of all creeds that part of our
domain which has been, in a great degree, closed to general immigra-
tion by intolerant and immoral institutions, it is recommended that the
government of the Territory of Utah be reorganized.

I recommend that Congress provide for the government of Utah
by a governor and judges, or commissioners, appointed by the Presi-
dent and confirmed by the Senate — a government analogous to the
provisional government established for the Territory northwest of the
Ohio, by the ordinance of 1787. If, however, it is deemed best to con-
tinue the existing form of local government, I recommend that the
right to vote, hold office, and sit on juries in the Territory of Utah^
be confined to those who neither practice nor uphold polygamy. If
thorough measures are adopted, it is believed that within a few years
the evils which now afflict Utah will be eradicated, and that this
Territory will in good time become one of the most prosi)erous and
attractive of the new States of the Union.

Our relations with all foreign countries have been those of undis-
turbed peace, and have presented no occasion for concern as to their
continued maintenance.

My anticipation of an early reply from the British Government to the
demand of indemnity to our fishermen for the injuries sufl'ered by that
industry at Fortune Bay, in January, 1878, which I expressed in my
last annual message, was disappointed. This answer was received only
in the latter part of April in the present year, and, when received, ex-
hibited a failure of accord between the two Governments, as to the
measure of the inshore-fishing privilege secured to our fishermen by
the Treaty of Washington, of so serious a character that I made it the

320 LETTERS AND MESSAGES.

subject of a coinimiuicatioii to Congress, iu which I reconiineiided the
adoption of tlie measures which seemed to nie i)roper to be taken by
this Government in maintenance of the rights accorded to our fisher-
men under the treaty, and towards securing an indemnity for the injury
these interests had suffered. A bill to carry out these reconmienda-
tions was under consideration by the House of Eepresentatives at the
time of the adjournment of Congress in June last.

Within a few weeks I have received a communication from Her
Majesty's Government, renewing the consideration of the subject, both
of the indemnity for the injuries at Fortune Bay, and of the interpreta-
tion of the treaty in which the previous corres])ondence had sIioaaii the
two Governments to be at variance. Upon both these topics the dis-
position towards a friendly agreement is manifested by a recognition
of our right to an indemnity for the transaction at Fortune Bay, leaving
the measure of such indemnity to further conference, and by an assent
to the view of this Government, presented in the i^revious correspond-
ence, that the regulation of conflicting interests of the shore fishery of
the Provincial sea-coasts, and the vessel fishery of our fishermen, should
be made the subject of conference and concurrent arrangement between
the two Governments.

I sincerely hope that the basis may be found for a speedy adjust-
ment of the very serious divergence of views of the interpretation of
the fishery clauses of the Treaty' of Washington, which, as the cor-
respondence between the two Governments stood at the close of the
last session of Congress, seemed to be irreconcilable.

In the important exhibition of arts and industries, which was held
last year at Sydney, New South Wales, as well as in that now in i)ro-
gress at Melbourne, the United States have been eflSciently and honor-
ably' represented. The exhibitors from this country at the former place
received a large number of awards in some of the most considerable
departments, and the participation of the United States was recog-
nized by a special mark of distinction. In the exhibition at Melbourne,
the share taken by our country is no less notable, and an equal degree
of success is confidently expected.

The state of peace and tranquillity now enjoyed by all the ISTations of
the continent of Eurojie has its favorable influence upon our diplomatic
and commercial relations with them. We have concluded and ratified
a convention with the French Bepublic for the settlement of claims of
the citizens of either country against the other. Under this convention
a commission, presided over by a distinguished publicist, appointed,
in pursuance of the request of both Nations, by His Majesty the Emperor

LETTERS AND MESSAGES. 321

of Brazil, has been organized and lias begun its sessions in this city. A
congress to consider means for tlie ])rotection of industrial property Las
recently been in session in Paris, to whicli I have appointed the Minis-
ters of the United States in France and in Belgium as delegates. The
International Commission upon Weights and Measures also continues
its work in Paris. I invite your attention to the necessity of an ap-
propriation to be made in time to enable this Government to comply
Avith its obligations under the Metrical Convention.

Our friendly relations with the German Empire continue without
interruption. At the recent International Exhibition of Fish and
Fisheries at Berlin, the participation of the United States, notwith-
standing the haste with which the commission was forced to make its
preparations, was extremely successful and meritorious, winning for
private exhibitors numerous awards of a high class, and for the country
at large the principal prize of honor offered by His Majesty the Emperor.
The results of this great success cannot but be advantageous to this
important and growing industry. There have been some questions
raised between the two Governments as to the proper effect and inter-
pretation of our treaties of naturalization, but recent despatches from
our Minister at Berlin show that favorable progress is making toward
an understanding, in accordance with the views of this Government,
which makes and admits no distinction whatever between the rights
of a native and a naturalized citizen of the United States. In practice,
the complaints of molestation suffered by naturalized citizens abroad
have never been fewer than at present.

There is nothing of importance to note in our unbroken friendly rela-
tions with the Governments of Austria-Hungary, Eussia, Portugal,
Sweden and Norway, Switzerland, Turkey, and Greece.

During the last summer several vessels belonging to the merchant
marine of this country, sailing in neutral waters of the West Indies,
were fired at, boarded, and searched by an armed cruiser of the Spanish
Government. The circumstances, as reported, involve not only a pri-
vate injury to the persons concerned, but also seemed too little observ-
ant of the friendly relations existing for a century between this country
and Spain. The wrong was brought to the attention of the Spanish
Government in a serious protest and remonstrance, and the matter is
undergoing investigation by the royal authorities, with a view to such
explanation or reparation as may be called for by the facts.

The commission sitting in this city for the adjudication of claims of
our citizens against the Government of Spain, is, I hope, approaching
the termination of its labors.
21

322 LETTERS AND MESSAGES.

The claims against the United States under the Florida Treaty with
Spain were submitted to Congress for its action at the late session, and
I again invite your attention to this long-standing question, with a view
to a final disposition of the matter.

At the invitation of the Spanish Government, a conference has re-
cently been held at the city of Madrid to consider the subject of pro-
tection by foreign Powers of native Moors in the Empire of Morocco.
The ;^rinister of the United States, in Spain, was directed to take part
in the deliberations of this conference, the result of which is a conven-
tion signed on behalf of all the Powers represented. The instrument
will be laid before the Senate for its consideration. The Government
of the United States has also lost no opportunity to urge upon that of
the Emperor of Morocco the necessity, in accordance with the humane
and enlightened spirit of the age, of putting an end to the persecutions,
which have been so prevalent in that country, of persons of a faith
other than the Moslem, and especially of the Hebrew residents of
Morocco.

The consular treaty concluded with Belgium has not yet been ofli-
cially promulgated, owing to the alteration of a word in the text by the
Senate of the United States, which occasioned a delay, during which
the time allowed for ratification expired. The Senate ^ill be asked to
extend the period for ratification.

The attempt to negotiate a treaty of extradition with Denmark failed
on account of the objection of the Danish Government to tlie usual
clause providing that each Nation should pay the expense of the arrest
of the persons whose extradition it asks.

The provision made by Congress, at its last session, for the expense
of the commission whicli had been appointed to enter upon negotiations
with the Imperial Government of China, on subjects of great interest to
the relations of the two countries, enabled the commissioners to pro-
ceed at once upon their mission. The Imperial Government was pre-
pared to give prompt and respectful attention to the matters brought
under negotiation, and the conferences proceeded with such rapidity and
success that, on the 17th of November last, two treaties were signed at
Pekin, one relating to the introduction of Chinese into this country
and one relating to commerce. Mr. Trescot, one of the commissioners,
is now on his way home bringing the treaties, and it is expected that
they Avill be received in season to be laid before the Senate early in
January.

Our Minister in Japan has negotiated a convention for the recipro-
cal relief of shipwrecked seamen. I take occasion to urge once more

LETTERS AND MESSAGES. 323

ni)oii Congress the propriety of iiialdng" iirovision for the erection of
suitable fire-i)roof buildings at the Japanese capital for the use of the
American legation, and the court-house and jail connected with it.
The Japanese Government, with great generosity and courtesy, has
offered for this purpose an eligible piece of land.

In my last annual message I invited the attention of Congress to the
subject of the indemnity funds received some years ago from China and
Japan, I renew the recommendation then made, that whatever por-
tions of these funds are due to American citizens should be promptly
paid, and the residue returned to the Nations, respectively, to which
they justly and equitably belong.

The extradition treaty with the Kingdom of the Netherlands, which
has been for sometime in course of negotiation, has, during the past
year, been concluded and duly ratified.

Eelations of friendship and amity have been established between
the Government of the United States and that of Eoumania. We have
sent a diplomatic representative to Bucharest, and have received at this
capital the special envoy, who has been charged by his Royal Highness,
Prince Charles, to announce the independent sovereignty of Eoumania.
We hope for a speedy development of commercial relations between the
two countries.

In my last annual message I expressed the hope that the prevalence
of quiet on the border between this country and Mexico would soon be-
come so assured as to justify the modification of the orders, then in force,
to our military commanders, in regard to crossing the frontier, without
encouraging such disturbances as would endanger the peace of the
two countries. Events moved in^accordance with these exj)ectations,
and the orders were accordingly withdrawn, to the entire satisfaction
of our own citizens and the Mexican Government. Subsequently the
peace of the border was again disturbed by a savage foray, under the
command of the Chief Victorio, but, by the combined and harmonious
action of the military forces of both countries, his band has been
broken up and substantially destroyed.

There is reason to believe that the obstacles which have so long i^re-
vented rapid and convenient communication between the United States
and Mexico by railways, are on the point of disappearing, and that
several important enteri)rises of this character will soon be set on foot
which cannot fail to contribute largely to the prosperity of both
countries.

New envoys from Guatemala, Colombia, Bolivia, Yeneznela, and
Nicaragua have recently arrived at this capital, whose distinction and

324 LETTERS AXD MESSAGES.

enligbteiiment afford the best guarantee of the coutiuuance of friendly
relations between ourselves and these sister Republics.

The relation between this Government and that of the United States
of Colombia have engaged public attention duiiiig the past year, mainly
by reason of the project of an interoceanic canal across the Isthmus of
Panama, to be built by private capital under a concession from the
Colombian Government for that purpose. The treaty obligations sub-
sisting between the United States and Colombia, by which we guarantee
the neutrality of the transit and the sovereignty and property of Co-
lombia in the Isthmus, make it necessary that the conditions under
which so stupendous a change in the region embraced in this guarantee
should be effected— transforming, as it would, this Isthmus, from a bar-
rier between the Atlantic and Pacific Oceans, into a gateway and
thoroughfare between them, for the navies and the merchant-ships of
the world — should receive the approval of this Government, as being
com[)atible with the discharge of these obligations on our part, and
consistent with our interests as the principal commercial power of
the Western Hemisphere. The views which I expressed in a special
message to Congress in March last, in relation to this project, I deem it
my duty again to press upon your attention. Subsequent consideration
has but confirmed the opinion "that it is the right and duty of the
United States to assert and maintain such supervision and authority
over any interoceanic canal across the isthmus that connects North and
South America as will protect our national interest."

The war between the Republic of Chili on the one hand, and the
allied Republics of Peru and Bolivia on the other, still continues.
This Government has not felt called upon to interfere in a contest that
is within the belligerent rights of the parties as independent States.
We have, however, always held ourselves in readiness to aid in ac-
commodating their difference, and have at diflferent times reminded
both belligerents of our willingness to render such service.

Our good offices, in this direction, were recently accepted by all the
belligerents, and it was hoped they would prove eflacacious; but I regret
to announce that the measures, which the Ministers of the United States
at Santiago and Lima were authorized to take, with the view to bring
about a peace, were not successful. In the course of the war some
questions have arisen affecting neutj:al rights; in all of these the Min-
isters of the United States have, under their instructions, acted with
promptness and energy in protection of American interests.

The relations of the United States with the Empire of Brazil con-
tinue to be most cordial, and their commercial intercourse steadily
increases to their mutual advantage.

LETTERS AND MESSAGES. 325

Tlie internal disorders with which the Argentine Eepublic has for
sometime past been afflicted, and which have more or less inflnenced
its external trade, are nnderstood to liave been bronght to a close.
This happy resnlt may be expected to redonnd to the benefit of the
foreign commerce of that Eepnblic as well as to the development of its
vast interior resources.

In Samoa, the Government of King Malietoa, under the support and
recognition of the consular representatives of the United States, Great
Britain, and Germany, seems to have given peace and tranquillity to
the Islands. While it does not appear desirable to adopt as a whole
the scheme of tripartite local government, which has been proposed,
the common interests of the three great treaty Powers require harmony
in their relations to the native frame of government, and this may
be best secured by a simple diplomatic agreement between them. It
would be well if the consular jurisdiction of our representative at Apia
were increased in extent and importance, so as to guard American in-
terests in the surroiinding and outlying Islands of Oceanica.

The obelisk, generously presented by tlie Khedive of Egypt to the
city of New York, has safely arrived in this country, and will soon be
erected in that metroiwlis. A commission for the liquidation of the
Egyptian debt has lately concluded its work, and this Government, at
the earnest solicitation of the Khedive, has acceded to the pro^^sions
adopted by it, which will be laid Itefore Congress for its information.
A commission for the revision of the judicial code of the Eeform Tribunal
of Egypt is now in session in Cairo. Mr. Farman, consul-general, and
J. M. Batchelder, Esq., have been appointed as commissioners to par-
ticipate in this work. The organization of the reform tribunals will
probably be continued for another period of five years.

In ])ursuance of the act passed at the last session of Congress, invita-
tions have been extended to foreign maritime States to join in a sani-
tary conference in Washington, beginning the first of January. The
acceptance of this invitation by many prominent Powers gives promise
of success in this important measure, designed to establish a system of
international notification by which the spread of infectious or epidemic
diseases may be more etfectively checked or i)revented. The attention
of Congress is invited to the necessary appropriations for carrying into
effect the provisions of the act referred to.

The efforts of the Department of State to enlarge the trade and com-
merce of the United States, through the active agency of consular offi-
cers and through the dissemination of information obtained from them,
have been unrelaxed. The interest in these efforts, as <leveloped in

326 LETTERS AND MESSAGES.

our coniinercial coiiiuiunities, and the value of the iuforniation secured
by this meaus to the trade and manufactures of the country, were
recognized by Congress at its hist session, and provision was made for
the more frequent publication of consular and other reports by the
Department of State. The first issue of this publication has now been
I)repared, and subsequent issues may regularly be expected. The im-
portance and interest attached to the reports of consular ofiicers are
witnessed by the general demand for them by all classes of merchants
and manufacturers engaged in our foreign trade. It is believed that
the system of such publications is deserving of the approval of Con-
gress, and that the necessary appropriations for its continuance and
enlargement will commend itself to your consideration.

The prosperous energies of our domestic industries, and their im-
mense production of the subjects of foreign commerce, invite, and even
require, an active development of the wishes and interests of our people
in that direction. Especially important is it that our conuuercial rela-
tions with the Atlantic and Pacific coasts of South America, with the
West Indies and the Gulf of Mexico, should be direct, and not through
the circuit of European systems, and should be carried on in our own
bottoms. The full appreciation of the opportunities which our front on
the Pacific ocean gives to conunerce with Ja^ian, China, and the East
Indies, with Australia and the Island groups which lie along these
routes of navigation, sbould inspire equal efibrts toappropriate toourown
shipping, and to administer, by our own capital, a due proportion of this
trade. Whatever modifications of our regulations of trade and navi-
gation may be necessary or useful to meet and direct these impulses
to the enlargement of our exchanges and of our carrying trade, I
am sure the wisdom of Congress will be ready to sup])ly. One initial
measure, however, seems to me so clearly useful and efidcient that I
venture to press it upon your earnest attention. It seems to be very
evident that the provision of regular steam-postal comnumication, by
aid from Government, has been the forerunner of the commercial ])re-
domi nance of Great Britain on all these coasts and seas, a greater
share in whose trade is now the desire and the intent of our people.
It is also manifest that the ett'orts of other Euroi)ean Nations to con-
tend with Great IJritaiu for a share of this commerce have b(!en suc-
cessful in proportion with their adoption of regular steam-postal commu-
nication witli the markets whose trade; they sought. Mexico and the
States of South America are anxious tore(;eive such postal comnumi-
cations with this country, and to aid in their development. Similar
co-operation may be looked foi-, in due time, from the Eastern Nations

LETTERS AND MESSAGES. 327

and from Australia. It is difficult to see how the lead in this movenieut
can bo expected from private interests. In respect of foreign commerce,
quite as much as in internal trade, postal communication seems neces-
sarily a matter of common and public administration, and thus per-
tainingf to Government. I respectfully recommend to your prompt
attention such just and efficient measures as may conduce to the devel-
opment of our foreign commercial exchanges and the building up of
our carrying trade.

In this connection I desire also to suggest the very great service
which might be expected in enlarging and facilitating our commerce on
the Pacific Ocean were a transmarine cable laid from San Francisco to
the Sandwich Islands, and thence to Japan at the Xorth and Australia
at the South. The great influence of such means of communication on
these routes of navigation, in developing and securing the due share of
our Pacific coast in the conuuerce of the world, needs no illustration
or enforcement. It may be that such an enterprise, useful and in the
end profitable as it would prove to private investment, may need to be
accelerated by prudent legislation by Congress in its aid, and I submit
the matter to your careful consideration.

An additional, and not unimportant, although secondary, reason for
fostering and enlarging the ISTavy may be found in the unquestionable
service to the expansion of our comjuerce, which would be rendered by
the frequent circulation of naval ships in the seas and ports of all
quarters of the globe. Ships of the proper construction and equipment,
to be of the greatest efficiency in case of maritime war, might be made
constant and active agents in time of peace in the advancement and
protection of our foreign trade, and in the nurture and discipline of
young seamen, who would naturally, in some numbers, mix with and
improve the crews of our merchant-ships. Our merchants at home and
abroad recoguize the value to foreign commerce of an active movement
of our naval vessels, and the intelligence and patriotic zeal of our naval
officers in promoting every interest of their countrymen is a just sub-
ject of national pride.

The condition of the financial affairs of the Government, as shown
by the report of the Secretary of the Treasury, is very satisfactory. It
is believed that the present financial situation of the United States,
whether considered with respect to trade, currency, credit, growing
wealth, or the extent and variety of our resources, is more favorable
than that of any other country of our time, and has never been sur-
passed by that of any country at any period of its history. All our
industries are thriving; the rate of interest is low ; new railroads are
being constructed; a vast immigration is increasing our population.

328 LETTERS AND MESSAGES.

capital, and labor; new enterprises in great number are in progress;
and our commercial relations Avitli other countries are improving.

The ordinarj' revenues, from all sources, for the fiscal year ended
June 30, 1880, were —

From customs $186, 522, 0()4 GO

From internal revenue 124, 009, 373 92

From sales of public lands 1, 016, 506 60

From tax on circulation and deposits of national banks 7, 014, 971 44
From repayment of interest by Pacific Railway Com-
panies 1, 707, 307 18

From sinking-fund for Pacific Railway Companies. . 786,621 22

From customs, fees, fines, penalties, &c 1, 148, 800 16

From fees — consular, letters-patent, and lands 2, 337, 029 00

From x>roceeds of sales of Government property ... 282, 616 50

From profits on coinage, &g 2, 792, 186 78

From revenues of the District of Columbia 1, 809, 469 70

From miscellaneous sources 4, 099, 603 88

Total ordinary receipts 333, 52(5, 610 98

The ordinary expenditures for the same period were —

For civil expenses $15, 693, 963 55

For foreign intercourse 1 , 211, 490 58

For Indians 5, 945, 457 09

For pensions, including $19, 341 , 025.20 arrears of pen-
sions 56, 777, 174 44

For the military establishment, including river and

harbor improvements and arsenals 38, 116, 916 22

For the naval establishment, including vessels, ma-
chinery, and imi)rovements at navy-yards 13, 536, 984 74

For miscellaneous expenditures, including public

buildings, light-houses, and collecting the revenue. 34, 535, 691 00

For expenditures on account of District of Columbia . 3, 272, 384 63

For interest on the public debt 95, 757, 575 11

For premium on bonds purchased ... 2, 795, 320 42

Total ordinary expenditures 267, 642, 957 78

Leaving a surplus revenue of $(jo, 883, 653 20

Which, with an amount drawn from the cash balance

in Treasury, of 8, 084, 434 21

Making 73, 968, 087 41

LETTERS AND MESSAGES. 329

Was applied to the redemption —

Of bonds for the sinking-fund $73, (;52, 900 00

Of fractional currency 251 , 717 41

Of the loan of 1858 4(), 000 00

Of temporary loan 100 00

Of bounty-land scrip 25 00

Of compound-interest notes 1^'? 500 00

Of 7.30 notes of 1864-'5 2, 650 00

Of one and two-year notes 3, 700 00

Of old demand notes 495 00

73,908,087 11

The amount due the sinking-fund for this year was $37,931,043.55.
There was applied thereto the sumof $73,904,()17.41,being $35,972,973.80
in excess of the actual requirements for the year.

The aggregate of the revenues from all sources during the fiscal year
ended June 30, 1880, was $333,520,010.98, an increase over the pre-
ceding year of $59,099,426.52. The receipts thus far, of the current
year, together with the estimated receipts for the remainder of the
year, amount to $350,000,000, which will be sufflcient to meet the esti-
mated expenditures of the year, and leave a surplus of $90,000,000.

It is fortunate that this large surplus revenue occurs at a period when
it may be directly applied to the payment of the public debt soon to
be redeemable. No public duty has been more constantly cherished in
the United States than the policy of paying the Nation's debt as rapidly
as possible.

The debt of the United States, less cash in the Treasury and exclu-
sive of accruing interest, attained its maxinmm of 2,756,431,571.43 in
August, 1805, and has since that time been reduced to $1,880,019,504.05.
Of the principal of the debt, $108,758,100 has been paid since March 1,
1877, effecting an annual saving of interest of $0,107,593. The burden
of interest has also been diminished by the sale of bonds bearing a
low rate of interest, and the application of the proceeds to the redemp-
tion of bonds bearing a higher rate. The annual saving thus secured
since March 1, 1877, is $14,290,453.50.

Within a short period over six hundred millions of five and six per
cent, bonds will become redeemable. This presents a very favorable
opportunity not only to further reduce the principal of the debt, but
also to reduce the rate of interest on that which will remain unpaid.
I call the attention of Congress to the views expressed on this subject
by the Secretary of the Treasury in his annual report, and recommend

330 LETTERS AND MESSAGES.

prompt legislation, to euable the Treasury Department to complete
the refunding of the debt which is about to mature.

The continuance of specie payments has not been interrupted or
endangered since the date of resumption. It has contributed greatly
to the revival of business and to our remarkable prosperity. The fears
that preceded and accompanied resumption have proved groundless.

No considerable amount of United States notes have been presented
for redemption, while very large sums of gold bullion, both domestic
and imported, are taken to the mints and exchanged for coin or notes.
The increase of coin and bullion in the United States since January 1,
1879, is estimated at $227,399,428.

There are still in existence, uncancelled, $34G,()81,01G of United
States legal-tender notes. These notes were authorized as a war
measure, made necessary by the exigencies of the conflict in wWch the
United States was then engaged. The preservation of the Nation's
existence required, in the judgment of Congress, an issue of legal-
tender paper money. That it served well the purpose for which it was
created is not questioned, but the employment of the notes as paper
money indefinitelj', after the accomplishment of the object for which
they were provided, was not contemplated by the framers of the law
under which they were issued. These notes long since became like any
other pecuniary obligation of the Government — a debt to be j)aid, and,
when paid, to be cancelled as a mere evidence of au indebtedness
no longer existing. I therefore repeat what was said in the annual
message of last year, that the retirement from circulation of United
States notes, with the capacity of legal-tender in private contracts, is
a step to be taken in our i)rogress towards a safe and stable currency,
whicli should be accepted as the policy and duty of the Government
and the interest and security of the people.

At the time of the passage of the act now in force requiring the coin-
age of silver dollars, fixing their value and giving them legal-tender
character, it Avas believ^ed by many of the supporters of the measure
that the silver dollar, which it authorized, would speedily become,
under the operations of the law, of equivalent value to the gold dollar.
There were other sup[)orters of the bill, who, while the}' doubted as to the
l>robability of this result, nevertheless were willing to give the proi)osed
experiment a fair trial, with a view to stop the coinage, if experience
should i)rove that the silver dollar authorized by the bill continued to
be of less commercial value than the standard gold dollar.

The coinage of silver dollars, under the act referred to, began in March,
1878, and has been continued as required by the act. The average rate

LETTERS AND MESSAGES. 331

per inoiitli to the present time has been $2,270,492. The total amount
coined prior to the tirstof November last was $72,847,750. Of this amount
$47,084,450 remain in the Treasury, and only $25,763,291 are in the
hands of the people. A constant effort has been made to keep this cur-
rency in circulation, and considerable exi)ense has been necessarily
incurred for this purpose, but its return to the Treasury is promj)t and
sure. Contrary to the confident anticipation of the friends of the
measure at the time of its ado^ition, the value of the silver dollar, con-
taining" 412i grains of silver, has not increased. During- the year prior
to the passage of the bill authorizing its coinage, the market value of
the silver which it contained was from ninety to ninety-two cents, as
compared with the standard gold dollar. During the last year the
average market value of the silver dollar has been eighty-eight and a
half cents.

It is obvious, that the legislation of the last Congress in regard to sil-
ver, so far as it was based on an anticipated rise in the value of silver
as a result of that legislation, has failed to produce the effect then jire-
dicted. The longer the law remains in force, reqmring as it does the
coinage of a nominal dolhir, which in reality is not a dollar, the greater
becomes the danger that this country will be forced to accept a single
metal as the sole legal standard of value, in circulation, and this a
standard of less value than it i)urports to be worth in the recognized
money of the world.

The Constitution of the United States, sound financial principles,
and our best interests, all require that the countrj^ should have as
its legal-tender money both gold and silver coin, of an intrinsic valne,
as bullion, equivalent to that which, upon its face, it purports to
possess. The Constitution in express terms recognizes both gold and
silver as the only true legal-tender money. To banish either of these
metals from our currency is to narrow and limit the circulating medium
of exchange to the disparagement of important interests. The United
States produces more silver than any other country, and is directly
interested in maintaining it as one of the two precious metals which
furnish the coinage of the world. It will, in my judgment, contribute
to this result if Congress will repeal so much of existing legislation as
requires the coinage of silver dollars containing only 412i grains of
silver, an'd in its stead will authorize the Secretary of the Treasury to
coin silver dollars of equivalent value as bullion, with gold dollars.
This will defraud no man, and will be in accordance with familiar i)rece-
dents. Congress, on several occasions, has altered the ratio of value
between gold and silver, in order to establish it more nearly in accord-
ance with the actual ratio of value between the two metals.

332 LETTERS AND MESSAGES.

Ill fliiaiieial legislation every measure in the direction of greater
fidelity in tLe discharge of pecuniary obligations, has been found by
experience to diminish the rates of interest which debtors are required
to pay, and to increase the facility with which money can be obtained
for every legitimate purpose. Our own recent financial history shows
how surely money becomes abundant whenever confidence in the exact
lierformance of moneyed obligations is established.

The Secretary of War reports that the expenditures of the War De-
partment for the fiscal year ended June 30, 1880, were $39,924,773.03.
The api)ropriations for this Department, foi the current fiscal year,
amount to $41,993,030.40.

With respect to the Army, the Secretary invites attention to the fact
that its strength is limited by statute (section 1115, Revised Statutes)
to not more than 30,000 enlisted meu, but that provisos contained in
appropriation bills have limited expenditures to the enlistment of but
25,000. It is believed the full legal strength is the least possible force
at which the present organization can be maintained, having in view
efficiency, discipline, and economy. While the enlistment of this force
would add somewhat to the appropriation tor pay of the Army, the
saving made in other respects would be more than an equivalent for
this additional outlay, and the efficiency of the Army would be largely
increased.

The rapid extension of the railroad system west of the Mississippi
river, and the great tide of settlers which has flowed in upon new ter-
ritory, impose on the military an entire change of policy. The main-
tenance of small posts along wagon and stage-routes of travel is no
longer necessary. Permanent quarters at points selected, of a more sub-
stantial character than those heretofore constructed, will be required.
Under existing laws, permanent buildings cannot be erected without the
sanction of Congress, and when sales of military sites and buildings have
been authorized, tlie moneys received have reverted to the Treasury, and
could only become available through a new appropriation. It is recom-
mended that i)rovision be made, by general statute, for the sale of such
abandoned military posts and buildings as are found to be unneces-
sary, and for the application of the proceeds to the construction of other
posts. While many of the present i)osts are of but slight value for
military purposes, owing to the changed condition of the country, their
occupation is continued at great expense and inconvenience, because
they aflbrd the only available shelter for troops.

The absence of a large number of ofiicers of the line, in active duty,
from their regiments, is a serious detriment to the maintenance of the

LETTERS AND MESSAGES. 333

service. The coustant demand for small detachments, each of which
should be commanded by a commissioned officer, and the various de-
tails of officers for necessary service away from their commands, occa-
sion a scarcity iu the number required for company duties. With a
view to lesseuiug this drain to some extent, it is recommended that
the law authorizing- the detail of officers from the active list as pro-
fessors of tactics and military science at certain colleges and univer-
sities, be so amended as to provide that all such details be made from
the retired list of the Army.

Attention is asked to the necessity of providing by legislation for
organizing, arming, and disciplining the active militia of the country^
and liberal a]>propriations are recommended in this behalf The re-
ports of the Adjutant-General of the Army and the Chief of Ordnance
touching this subject fully set forth its importance.

The rei)ort of the officer iu charge of education in the Army shows that
there are seventy-eight schools now in operation in the Army, with an
aggregate attendance of 2,305 enlisted men and children. The Secre-
tary recommends the enlistment of one hundred and fifty schoolmasters,,
with the rank and pay of commissary-sergeants. An appropriation is
needed to supply the judge-advocates of the Army with suitable libra-
ries, and the Secretary recommends that the corps of judge-advocates,
be placed upon tlie same footing, as to promotion, with the other
staff corps of the Army. Under existing laws, the Bureau of Military
Justice consists of one officer, the Judge- Advocate General, and the
corps of judge-advocates, of eight officers of equal rank, (majors,) with
a provision that the limit of the corps shall remain at four, when.
reduced by casualty or resignation to that number. The consolidation
of the Bureau of Military Justice, and the corps of judge-advocates,
upon the same basis with the other staff corps of the Army, would re-
move an unjust discrimination against deserving officers, and subserve
the best interests of the service.

Especial attention is asked to the report of the Chief of Engineers upon
the condition of our national defences. From a personal inspection
of many of the fortifications referred to, the Secretary is able to empha-
size the recommendations made, and to state that their incomplete and
defenceless condition is discreditable to the country. While other Na-
tions have been increasing their means for carrying on offensive warfare
and attacking maritime cities, we have been dormant in preparation for
defence; nothing of importance has been done towards strengthening
and finishing our casemated works since our late civil war, during
which the great guns of modern warfare and the heavy armor of

334 LETTERS AND MESSAGES.

modern fortifications and ships came into use amonjj the Nations, and
our earthworks left, by a sudden faihire of appropriations some years
since, in all stages of incoinpletion, are now being rapidly destroyed
by the elements.

The two great rivers of the North American Continent, the Missis-
sippi and the Columbia, have their navigable waters wholly within the
limits of the United States, and are of vast importance to our internal
and foreign commerce. The permanency of the important work on the
South Pass of the Mississippi river seems now to be assured. There
has been no failure whatever in the maintenance of the maximum
channel during the six months ended August 9, last. This experiment
has opened a broad deep highway to the ocean, and is an improve-
ment, upon the permanent success of which, congratulations niay be
exchanged among* people abroad and at home, and especially among
the communities of the Mississippi valley, whose commercial exchanges
float in an unobstructed channel safely to and from the sea.

A comprehensive improvement of the Mississippi and its tributaries
is a matter of transcendent importance. These great water-ways com-
prise a system of inland transportation sjjread like net- work over a
large portion of the United States, and navigable to the extent of
many thousands of miles. Producers and consumers alike, have a com-
mon interest in such unequalled facilities for cheap transportation.
Geographically, commercially, and politically', they are the strongest tie
between the various sections of the country. These channels of com-
munication and interchange are the property of the Nation. Its Juris-
diction is paramount over their waters, and the plainest principles of
public interest require their intelligent and careful supervision, with
a view to their j)rotection, improvement, and the enhancement of their
usefulness.

The channel of the Columbia river, for a distance of about one hun-
dred miles from its mouth, is obstructed by a succession of bars, vrhich
occasion serious delays in navigation, and hea\'y expense for lighterage
and towage. A depth of at least twenty feet at low tide should be
secured and maintained, to meet the requirements of the extensive and
growing inland and ocean commerce it subserves. The most urgent
need, however, for this great water-way is a i^ermanent improvement
of the channel at the mouth of the river.

From Columbia river to San Francisco, a distance of over six hun-
dred miles, there is no harbor on our Pacific coast which can be ap-
proached during stormy weather. An appropriation of $150,000 was
made by the Forty-fifth Congress for the commencement of a break-

LETTERS AND MESSAGES. 335

water and harbor of refuge, to be located at some point between the
Straits of Fiica and San Francisco, at wliiclj the necessities of com-
merce, local and general, will be best accommodated. The amount
appropriated is thought to be quite inadequate for the purpose intended.
The cost of the work, when finished, will be very great, owing to the
want of natural advantages for a site at any point on the coast between
the designated limits, and it has not been thought to be advisable to
undertake the work without a larger appropriation. I commend the
matter to the attention of Congress.

The comidetion of the new building for the War Department is ur-
gently needed, and the estimates for continuing its construction are
especially recommended.

The collections of books, specimens, and records constituting the
Army Medical Museum and Library are of national importance. The
library now contains about fifty-one thousand five hundred (51,500)
volumes and fifty-seven thousand (57,000) pamphlets relating to medi-
cine, surgery, and allied topics. The contents of the Army Medical
Museum consist of twenty-two thousand (22,000) specimens, and are
unique in the completeness with which both military surgery and the
diseases of armies are illustrated. Their destruction would be an irre-
parable loss, not only to the United States, but to the world. There
are filed in the record and pension division, over sixteen thousand
(10,000) bound volumes of hospital records, together with a great
quantity of papers, embracing the original records of the hospitals of
our armies during the civil war. Aside from their historical value,
these records are daily searched for evidence needed in the settlement
of large numbers of pension and other claims, for the protection of the
Government against attempted frauds as well as for the benefit of
honest claimants. These valuable collections are now in a building
which is peculiarly exposed to the danger of destruction by fire. It
is therefore earnestly recommended that an appropriation be made for
a new fire-proof building, adequate for the present needs and reason-
able future expansion of these valuable collections. Such a building
should be absolutely fire-proof; no expenditure for mere architectural
display is required. It is believed that a suitable structure can be
erected at a cost not to exceed two hundred and fifty thousand dollars,
($250,000.)

I commend to the attention of Congress the great services of the
commander and chief of our armies during the war for the Union, whose
wise, firm, and patriotic conduct did so much to bring that momentous
conflict to a close. The legislation of the United States contains many

336 LETTERS ANIJ MESSAGES.

precedents for the recognition of distinguislied military merit, author-
izing- rank and emolumeuts to be couferred for eminent services to the
country. An act of Congress authorizing the appointment of a Captain-
General of the Army, with suitable provisions relating to compensa-
tion, retirement, and other details, would, in my judgment, be alto-
gether fitting and pro[)er, and would be warmly approved by the country.

The report of the Secretary of the Navy exhibits the successful and
satisftictory management of that Department during the last fiscal year.
The total expenditures for the year were $12,910,039.45, leaving unex-
pended at the close of the year $2,141,682.23 of the amount of available
appro])riations. The appropriations for tlie present fiscal year ending-
June 30, 1881, are $15,095,001.45; and the total estimates for the next
fiscal year ending June 30, 1882, are $ 15,953,751.01. The amount drawn
by warrant from July 1, 1880, to November 1, 1880, is $5,041,570.45.

Tlie recommendation of the Secretary of the Navy, that provision be
made for the establishment of some form of civil government for the
people of Alaska, is approved. At present there is no protection
of persons or property in that Territory, exce])t such as is afforded by
the officers of the United States ship Jamestown. This vessel was
dispatched to Sitka, because of the fear that, without the immediate
presence of the National authority, there was impending danger of
anarchy. The steps taken to restore order have been accepted in good
faith by both white and Indian inhabitants, and the necessity for this
method of restraint does not, in my opinion, now exist. If however,
the Jamestown should be withdrawn, leaving the people, as at pres-
ent, without the ordinary, judicial, and administrative authority of organ-
ized local government, serious consequences might ensue.

The laws provide only for the collection of revenue, the protection of
l)ublic property, and the transmission of the mails. The problem is to
supply a local rule for a population so scattered and so peculiar in its
origin and condition. The natives are reported to be teachable and
self-supporting, and, if properly instructed, doubtless would advance
rapidly in civilization, and a new factor of prosperity would be added
to the national life. I therefore recommend the reiiuisite legislation
upon this subject.

The Secretary of the Navy has taken steps towards the establishment
of naval coaling-stations at the Isthmus of Panama, to meet the re-
quirements of our commercial relations with Central and South America,
which are rapidly growing in importance. Locations eminently suitable,
both as regards our naval purposes and the uses of commerce, have
been selected, one on the east side of the Isthmus, at Chiriqui Lagoon,

LETTERS AND MESSAGES. 337

in the Caribbean Sea, and the other on the Pacific coast, at the Bay
of Golfito. The only safe harbors, sufficiently commodious, on the
Isthmus, are at these points, and the distance between them is less than
one hundred miles. The report of the Secretary of the N^avy concludes
with valuable suggestions with respect to the building up of our mer-
chant-marine service, which deserve the favorable consideration of
Congress.

The report of the Postmaster-General exhibits the continual growth
and the high state of efficiency of the postal service. The operations
of no Department of the Government, perhaps, represent with greater
exactness the increase in the population and the business of the coun-
try. In 1860, the postal receipts were $8,518,067.40 ; in 1880, the receipts
were $33,315,479.34. All the iuhabitants of the country are directly
and personally interested in having proper mail facilities, and natu-
rally watch the Post Office very closely. This careful oversight on the
part of the people has proved a constant stimulus to improvement.
During the past year there was an increase of 2,134 post offices, and
the mail routes were extended 27,177 miles, making an additional annual
transportation of 10,804,191 miles. The revenues of the postal service
for the ensuing year are estimated at $38,845,174,10, and the expendi-
tures at $42,475,932, leaving a deficiency to be appropriated out of the
Treasury of $3,630,757.90.

The Universal Postal Union has received the accession of almost all
the countries and colonies of the world maintaining organized postal
services, and it is confidently expected that all the other countries and
colonies now outside the Union will soon unite therewith, ilms realizing
the grand idea and aim of the founders of the Union, of forming, for
purposes of international mail communication, a single postal territory
embracing the world, with complete uniformity of postal charges, and
conditions of international exchange, for all descriptions of correspond-
ence. To enable the United States to do its full share of this great
work, additional legislation is asked by the Postmaster-General, to whose
recommendations especial attention is called.

The suggestion of the Postmaster-General, that it would be wise to
encourage by appropriate legislation, the establishment of American
lines of steamers by our own citizens, to carry the mails between our
own ports and those of Mexico, Central America, South America, and of
trans-Paciflc countries, is commended to the serious consideration of
Congress.

The attention of Congress is also invited to the suggestions of the
Postmaster-General in regard to postal savings.
22

338 LETTERS AND MESSAGES.

The necessity for additional provision, to aid in the transaction of
the business of the Federal courts, becomes each year more apparent.
The dockets of the Supreme Court, and of the circuit courts, in the
greater number of the circuits, are encumbered with the constant acces-
sion of cases. In the former court, and in many instances in the circuit
courts, years intervene before it is practicable to bring cases to hearing.

The Attorney-General recommends the establishment of an interme-
diate court of errors and appeals. It is recommended that the number
of judges of the circuit court in each circuit, with the exception of the
second circuit, should be increased by the addition of another judge ; in
the second circuit, that two should be added; and that an intermediate
appellate court shoukl be formed in each circuit, to consist of the cir
cuit judges and the circuit justice, and that in the event of the absence
of either of these judges the place of the absent judge should be
supplied by the judge of one of the district courts in the circuit. Sucli
an appelhite court could be safely invested with large jurisdiction, and
its decisions would satisfy suitors in many cases where appeals would
still be allowed in the Supreme Court. The expense incurred for this
intermediate court will require a very moderate increase of the appro-
priations for the expcMses of the Department of Justice. This recom-
mendation is commended to the careful consideration of Congress.

It is evident that a delay of justice, in many instances oppressive and
disastrous to suitors, now neccessarily occurs in the Federal courts,
which will in this way be remedied.

The report of the Secretary of the Interior presents an elaborate
account of the operations of that Department during the past year.
It gives me great pleasure to say that our Indian affairs appear to be in a
more hopeful condition now than ever before. The Indians have made
gratifying progress in agriculture, herding, and mechanical pursuits.
Many who were a few years ago in hostile conflict with the Govern-
ment are quietly settling down on farms where they hope to make their
permanent homes, building houses and engaging in the occupations of
civilized life. The introduction of the freighting business among them
has been remarkably fruitful of good results, in giving many of them
congenial and remunerative employment, and in stimulating their am-
bition to earn their own support. Their honesty, fidelity, and efticiency
as carriers are highly praised. The organization of a police force of
Indians has been equally successful in maintaining law and order upon
the reservations, and in exercising a wholesome moral influence among
the Indians themselves. I concur with the Secretary of the Interior

LETTERS AND MESSAGES. 339

in tlie recommendation that the pay of this force be increased, as
an indncement to the best class of young men to enter it.

Much care and attention has been devoted to the enlargement of
educational facilities for the Indians. The means available for this
important object have been very inadequate. A few additional board-
ing-schools at Indian agencies have been established, and the erec-
tion of buildings has been begun for several more, but an increase
of the appropriations for this interesting undertaking is greatly
needed to accommodate the large number of Indian children of school-
age. The number ottered by their parents from all parts of the country
for education in the Government schools is much larger than can be
accommodated with the means at present available for that purpose.
The number of Indian pupils at the Normal School at Hampton, Vir-
ginia, under the direction of General Armstrong, has been considerably
increased, and their progress is highly encouraging. The Indian school
established by the Interior Department in 1879, at Carlisle, Pennsyl-
vania, under the direction of Captain Pratt, has been equally success-
ful. It has now nearly two hundred pupils of both sexes, representing
a great variety of the tribes east of the Rocky Mountains. The pupils
in both these institutions receive not only an elementary English edu-
cation, but are also instructed in house-work, agriculture, and useful
mechanical pursuits. A similar school was established this year at
Forest Grove, Oregon, for the education of Indian youth on the Pacific
coast. In addition to this, thirty-six Indian boys and girls wers selected
from the Eastern Cherokees and placed in boarding-schools in North
Carolina, where they are to receive an elementary English education
and training in industrial luirsuits. The interest shown by Indian
parents, even among the so-called wild tribes, in the education of their
children, is very gratifying, and gives promise that the results accom-
plished by the efforts now making will be of lasting benefit.

The expenses of Indian education have so far been drawn from the
Ijermauent civilization-fund at the disposal of the Department of the
Interior; but the fund is now so much reduced, that the continuance
of this beneficial work will in the future depend on specific ai)pro-
priations by Congress for the purpose, and I venture to express the
hope that Congress will not permit institutions so fruitful of good
results to perish for want of means for their support. On the con-
trary, an increase of the number of such schools appears to me highly
advisable.

The past year has been unusually free from disturbances among the
Indian tribes. An agreement has been made with the Utes, by which

340 LETTERS AND MESSAGES.

they surrender tlieir large reservatiou iu Colorado in consideration of
an annuity, to be paid to them, and agree to settle in severalty on cer-
tain lands designated for that purpose, as farmers, holding individual
title to their land in fee-simple, inalienable for a certain period. In this
way a costly Indian war has been avoided, which, at one time, seemed
imminent, and, for the first time in the history of the country, au
Indian nation has given up its tribal existence to be settled in sev-
eralty, and to live as individuals under tbe common protection of the
laws of the country. The conduct of the Indians throughout the coun-
try during the past year, with but few noteworthy exceptions, has been
orderly and peaceful. The guerilla warfare carried on for two years
by Victorio and his band of Southern Apaches has virtually come to
an end by the death of that chief and most of his followers, on Mexican
soil. The disturbances caused on our northern frontier by Sitting Bull
and his men, who had taken refuge in the British dominions, are also
likely to cease. A large majority of his followers have surrendered to
our military forces, and the remainder are apparently in progress of
disintegration.

I concur with the Secretary of the Interior in expressing the earnest
hope that Congress will at this session take favorable action on the bill
providing for the allotment of lands on the difterent reservations in
severalty to the Indians, with patents conferring fee-simple title inalien-
able for a certain period, and the eventual disposition of the residue of
the reservations, for general settlement, with the consent and for the
benefit of the Indians, placing the latter under the equal protection of
the laws of the country. This measure, together with a vigorous prose-
cution of our educational efforts, will work the most important and
effective advance toward the solution of the Indian problem, in prepar-
ing for the gradual merging of our Indian population in the great body
of American citizenship.

A large increase is reported in the disposal of public lands for settle-
ment during the past year, which nuirks the prosperous growth of our
agricultural industry, and a vigorous movement of population toward
our unoccupied lands. As this movement proceeds, the codification of
our land laws, as Avell as proper legislation to regulate the disposition of
public lands, become of more pressing necessity, and I therefore iuNite
the consideration of Congress to the report and the accompaniug draft
of a bill, nuule by the Public Laiuls Commission, which were communi-
cated by me to Congress at the last session. Early action upon this
important subject is highly desirable.

The attention of Congress is again asked to the wasteful depreda-

LETTERS AND MESSAGES. 341

tions committed on our public timber-lands, and the rapid and indis-
criminate destruction of our forests. The urgent necessity for legisla-
tion to this end is now generally recognized. In view of the lawless
character of the depredations committed, and the disastrous conse-
quences which will inevitably follow their continuance, legislation has
again and again been recommended to arrest the evil, and to preserve
for the people of our Western States and Territories the timber needed
for domestic and other essential uses.

The report of the Director of the Geological Survey is a document
of unusual interest. The consolidation of the various geological and
geographical surveys and exploring enterprises, each of which has
heretofore operated upon an independent plan, without concert, can-
not fail to be of great benefit to all those industries of the country
which depend upon the development of our mineral resources. The
labors of the scientific men, of recognized merit, who compose the
corps of the Geological Survey, during the first season of their field
operations and inquiries, appear to have been very comprehensive, and
will soon be communicated to Congress in a number of volumes. The
Director of the Survey recommends that the investigations, carried on
by his bureau, which, so far, have been confined to the so-called public-
land States and Territories, be extended over the entire country, and
that the necessary appropriation be made for this purpose. This would
be particularly beneficial to the iron, coal, and other mining interests
of the Mississippi valley, and of the Eastern and Southern States.
The subject is commended to the careful consideration of Congress.

The Secretary of the Interior asks attention to the want of room in
the public buildings of the capital, now existing and in progress of con-
struction, for the accommodation of the clerical force employed, and of
the i)ublic records. Necessity has compelled the renting of private
buildings in different parts of the city for the location of public ofiQces,
for which a large amount of rent is annually paid, while the separation
of offices belonging to the same Department impedes the transaction
of current business. The Secretary suggests that the blocks surronnd-
ing Lafayette Square, on the east, north, and west, be purchased as
the sites for new edifices, for the accommodation of the Government
oflBces, lea%aug the square itself intact; and that, if such buildings
were constructed upon a harmonious plan of architecture, they would
add much to the beauty of the National capital, and would, together
with the Treasury and the new State, Navy, and War-Department
building, form one of the most imposing groups of public edifices in
the world.

342 LETTERS AND MESSAGES.

The Commissioner of Agriculture expresses the confident belief that
his efforts in behalf of the production of our own sugar and tea have
been encouragingly rewarded. The importance of the results attained
have attracted marked attention at home, and have received the special
consideration of foreign Xations. The successful cultivation of our own
tea, and the uuinufa(;ture of our own sugar, would nuike a difference of
many millions of dollars annually in the wealth of the Nation.

The report of the Commissioner asks attention particularly to the
continued prevalence of an infectious and contagious cattle-disease,
known and dreaded in Europe and Asia as cattle-plague, or pleuro-
pneumonia. A mild type of this disease, in certain sections of our
country, is the occasion of great loss to our farmers, and of serious
disturbance to our trade with Great Britain, Avhich furnishes a market
for most of our live-stock and dressed meats. The value of neat-cattle
exported from the United States for the eight months ended August
31, 1880, was more than twelve million dollars, and nearly double the
value for the same period in 1879, an unexampled increase of export
trade. Your early attention is solicited to this important matter.

The Commissioner of Education reports a continued increase of public
interest in educational affairs, and that the public schools generally
throughout the country are well sustained. Industrial training is at-
tracting deserved attention, and colleges for instruction, theoretical
and practical, iu agriculture and the mechanic arts, including the Gov-
ernment schools recently established for the instruction of Indian
youth, are gaining steadily in public estimation. The Commissioner
asks special attention to the depredations committed on the lands re-
served for the future support of public instruction, and to the very
great need of help from the Nation for schools in the Territories and in
the Southern States. The recommendation heretofore made is rei)eated
and urged, that an educational fund be set apart from the net proceeds
of the sales of the public lands annually, the income of which, and the
remainder of the net annual proceeds, to be distributed on some satis-
factory i>lan to the States and Territories and the District of Columbia.

The success of the public schools of the District of Columbia, and
the i)rogress made, under the intelligent direction of the Board of
Education and the superintendent, in supplying the educational require-
ments of the District with thoroughly-trained and efficient teachers, is
very gratifying. The actsofCongress, from time to time, donating public
lands to the several States and Territories, in aid of educational interests,
have proved to l)e Avise measures of public policy, resulting in great and
lasting benefit. It would seem to be a matter of simple justice to extend

LETTERS AND MESSAGES. 343

the benefits of this legislation, the wisdom of which has been so fully
vindicated by exi)erience, to the District of Columbia.

I again commend the general interests of the District of Columbia to
the favorable consideration of Congress. The affairs of the District, as
shown by the report of the Commissioners, are in a very satisfactory
condition.

In my annual messages heretofore, and in my special message of De-
cember 19, 1879, I have urged upon the attention of Congress the
necessity of reclaiming the marshes of the Potomac adjacent to the
capital, and I am constrained by its importance to advert again to the
subject. These flats embrace an area of several hundred acres. They
are an impediment to the drainage of the city, and seriously impair its
Jiealth. It is believed that, with this substantial improvement of its
river front, the capital would be, in all respects, one of the most attrac-
tive cities in the world. Aside from its permanent popularity, this
city is necessarily the place of residence of persons from every section
of the country, engaged in the public service. Many others reside here
temporarily, for the transaction of business with the Government.

It should not be forgotten that the land acquired will probably be
worth the cost of reclaiming it, and that the navigation of the river will
be greatly improved. I therefore again invite the attention of Congress
to the importance of promi)t provision for this much-needed and too
long delayed imi^rovement.

The water supply of the city is inadequate. In addition to the ordi-
nary use throughout the city, the consumption by Government is neces-
sarily very great in the navy-yard, arsenal, and the various Departments,
and a large quantity is required for tlie proper preserxation of the
numerous parks and the cleansing of sewers. I recommend that this
subject receive the early attention of Congress, and that, iu making
provision for an increased supply, such means be adopted as will have
in view the future growth of the city. Temporary expedients for such
a purpose cannot but be wasteful of money, and therefore unwise. A
more ample reservoir, with corresponding facilities for keeping it filled,
should, in my judgment, be constructed. I commend again to the atten-
tion of Congress the subject of the removal, from their present location,
of the depots of the several railroads entering the city ; and I renew the
recommendations of my former messages in behalf of the erection of a
building for the Congressional Library; the completion of the Wash-
ington Monument; and of liberal appropriations in support of the
benevolent, reformatory, and penal institutions of the District.

RUTHEEFOED B. HAYES.
Executive Mansion, December 6, 1880.

SPECIAL MESSAGE

THE SENATE AND HOUSE OP EEPEESENTATIVES, IN EELATION
TO THE PONOA INDIANS.

P^EBRUARY 1,1881.

SPECIAL MESSAGE.

To THE Senate and House of Representatives:

lu compliance with tlie request of a large number of intelligent and
benevolent citizens, and believing that it was warranted by the extraor-
dinary circumstances of the case, on the 18th day of December, 1880,
I appointed a commission consisting of George Crook and Kelson A.
Mdes, brigadier-generals in the xVrmy, William Stickney, of the District
of Columbia, and Walter Allen, of Massachusetts, and requested them
to confer with the Ponca Indians in the Indian Territory, and if, in
their judgment, it was advisable, also with that part of the tribe which
remained in Dakota, and "to ascertain the facts in regard to their
removal and present condition so far as was necessary to determine the
question as to what justice and humanity re(iuire should be done by the
Government of the United States, and to report their conclusions and
recommendations in the premises."

The commission, in pursuance of these instructions, having visited
the Ponca Indians at their homes in the Indian Territory and in Dakota,
and made a careful investigation of the subject referred to them, have
reported their conclusions and recommendations, and I now submit
their report, together with the testimony taken, for the consideration
of Congress. A minority report by Mr. Allen is also herewith sub-
mitted.

On the 27th of December, 1880, a delegation of Ponca chiefs from
the Indian Territory presented to the Executive a declaration of their
wishes, in which they stated that it was their desire "to remain on the
lands now occupied by the Poncas in the Indian Territory," and "to
relimiuish all their right and interest in the lands formerly owned and
occupied by the Ponca tribe in the State of Nebraska and the Territory
of Dakota;" and the declaration sets forth the compensation which
they win accept for the lands to be surrendered, and for the injuries
done to the tribe by their removal to the Indian Territory. This decla-
ration, agreeably to the request of the chiefs making it, is herewith
transmitted to Congress.

The public attention has frequently been called to the injustice and
wrong which the Ponca tribe of Indians has suffered at the hands of

348 LETTERS AND MESSAGES.

the Governmeut of the United States. This subject was first brought
before Congress and the country by the Secretary of the Interior in
his annual report for the year 1877, in which he said :

The case of the Poucas seems entitled to especial consideration at the
hands of Congress. They have always been friendly to the Myites. It
is said, and, as far as I have been able to learn, truthfully, that no Ponca
ever killed a Avhite luan. The orders of the Government always met
with obedient compliance at their hands. Their removal from their old
homes on the jMissouri river was to them a great hardship. They had
beeu born and raised there. They had houses there in which they lived
according to their ideas of comfort. Many of them had engaged in
agriculture, and possessed cattle and agricultural implements. They
were very reluctant to leave all this, but when Congress had resolved
upon their removal they finally overcame that reluctance and obeyed.
Considering their constant good conduct, their obedient spirit, and the
sacrifices tbey have made, they are certainly entitled to more than or-
dinary care at the hands of the Government, and I urgently recom-
mend that liberal provision be made to aid them in their new settlement.

In the same volume, the report of E. A. Howard, the agent of the

Poncas, is published, which contains the following:

*******

I am of the opinion that the removal of the Poucas from the northern
climate of Dakota to the southern climate of the Indian Territory, at
the season of the year it was done, will prove a mistake, and that a
great mortality will surely follow among the people when they shall
have been here for a time and become poisoned with the malaria of the
climate. Already the effects of the climate may be seen upon them in
the ennui that seejus to hav^ settled upon each, and in- the large num-
ber now sick.

It is a matter of astonishment to me that the Government should have
ordered the remo^'al of the Ponca Indians from Dakota to the Indian
Territory without ha^ing first made some provision for their settlement
and comfort. Before their removal was carried into effect, an appro-
priation should have been made l)y Congress sufticieut to liave located
them in their new home, by building a comfortable house for the occu-
pan(;y of every family of the tribe. As the case now is, no api)ropria-
tion has been made by Congress, except for a sum but little more than
sufficient to remove them; no houses have been built for their use, and
the result is, that these people have been placed on an uncultivated res-
ervation to live in their tents as best they may, and await further legis-
lative action.
*******

These Indians claim that the Government had no right to move them
from their reservation without first obtaining from them by purchase
or treaty the title which they had acquired from the Government, and
for Avhich they rendered a valuable consideration. They claim that the
date of the settlement of their tribe upon tlie land composing their old
reservation is prehistoiic; that they were all born there, and that their
ancestors from geneiations back beyoiul tlu'ir knowledge were born and
lived upon its soil, and that they final]}' ac^iuired a comjilete and per-
fect title from the Government by treaty made with the "Great

LETTERS AND MESSAGES. 349

Father" at Wasliiugton, wliicli they claimed made it as legitimately
theirs as is the home of the white man acquired by gift or purchase.

*******

The subject was again referred to in similar terms in the annual re-
port of the Interior Department for 1878, in the reports of the Commis-
sioner of Indian Affairs and of the agent for the Poncas; and in 1879
the Secretary of the Interior said:

That the Poncas were grievously wronged by their removal from
their location ou the Missouri river to the Indian Territory, their old
reservation having, by a mistake in making the Sioux treaty, been
transferred to the Sioux, has been at length aud repeatedly set forth in
my reports as well as those of the Commissioner of Indian Affairs. All
that (;oukl Ije subsequently done by this Department in the absence of
new legislation to repair that wroug and to indemnify them for their
losses has been done with more than ordinary solicitude. Tbey were
permitted to select a new location for themselves in the Indian Terri-
tory, the Quapaw reserve, to which they luul first been taken, being
objectionable to them. They chose a tract of country on the Ar-
kansas river and the Salt Pork northwest of the Pawnee reserve. I
visited their new reservation personally to satisfy myself of their con-
dition. The lands they now occupy are among the very best in the
Indian Territory in point of fertility, well watered and well timbered,
and admirably adai)ted for agriculture as well as stock-raising. In this
respect their new reservation is unquestionably superior to that which
they left behind them on the Missouri river. Seventy houses have been
buiit by aud for them of far better quality than the miserable huts they
formerly occupied in Dakota, and the construction of a larger number
is now in progress, so that, as the agent reports, every Ponca family
will be comfortably housed before January. A very liberal allowance
of agricultural implements and stock-cattle has been given them, and
if they ai)]ily themselves to agricultural work there is no doubt that
their condition will soon be far more prosi)erous than it has ever been
before. During the first year after their removal to the Indian Terri-
tory they lost a comparatively large number of their people by death in
consequence of the change of climate, which is greatly to be deplored;
but their sanitary condition is now very much improved. The death
rate among them during the present year has been very low, and the
number of cases of sickness is constantly decreasing. It is thought

that they are now sufticiently acclimated to be out of danger.

* _ * * * * * *

A committee of the Senate, after a very full investigation of the
subject, on the 31st of May, 1880, reported their conclusions to the
Senate, and both the majority and minority of the committee agreed
that ''a great wroug had been done to the Ponca Indians." The ma-
jority of the committee says:
#**•***

]^othing can strengthen the Government in a just policy to the Indians
so much as a demonstration of its willingness to do ample and complete
justice whenever it can be shown that it has inflicted a wrong upon a
weak and trusting tribe. It is impossible for the United States to hope
for any confidence to be reposed in them by the Indian until there shall
be shown on their part a readiness to do justice.

350 LETTERS AND MESSAGES.

The minority report is equally explicit as to the duty of the Gov-
ernment to repair the wrong done the Poncas. It says:
* # * * * # . *

We should be more prompt and anxious bccniuse they are weak and
we are stron<?. In my judgment we should be liberal to the verge of
hivishness in the expenditure of our money to improve tlieir condition,
so that they and all others may know that, although like all Nations
and all men we may do wrong, we are willing to make ample reparation.

The report of the commission appointed by me, of which General
Crook was chairman, and the testimony taken by them and their in-
vestigations, add very little to what was already contained in the official
reports of the Secretary of the Interior and the report of the Senate
committee touching the injustice done to the Poncas by their removal
to the Indian Territory. Happily, however, the evidence reported by
the commission and their recommendations point out conclusively the
true measures of redress whichi the Government of the United States
ought now to adopt.

The commission in its conclusions omit to state the important facts
as to the present condition of the Poncas in the Indian Territory, but
tlie evidence they have reported shows clearly and conclusively that
the Poncas now residing in that Territory, five hundred and twenty-one
in number, are satisfied with their new homes; that they are healthy,
comfortable, and contented, and that they have freely and firmly de-
cided to adhere to the choice announced in their letter of October 25,
1880, and in the declaration of December 27, 1880, to remain in the In-
dian Territory and not to return to Dakota.

The e\idence reported also shows that the fragment of the Ponca
tribe — perhaps one hundred and fifty in number — which is still in Da-
kota and Nebraska prefer to remain on their old reservation.

In view of these facts I am convinced that the recommendations of
the commission, together with the declaration of the chiefs of December
last, if substantially followed, will aiford a solution of the Ponca ques-
tion which is consistent with the wishes and interests of both branches
of the tribe, with the settled Indian policy of the Government, and as
nearly as is now practicable with the demands of justice.

Our general Indian policy for the future should embrace the following
leading ideas:

1. The Indians should be prepared for citizenship by giving to their
young of both sexes that industrial and general education which is re-
quired to enable them to be self-supporting and capable of self-protec-
tion in a civilized community.

LETTERS AND MESSAGES. 351

2. Lands should be allotted to the Indians in severalty, inalienable
for a certain period.

3. The Indians should have a fair compensation for their lands not
required for individual allotment, the amount to be invested with suit-
able safeguards for their benefit.

4. With these prerequisites secured, the Indians should be made citi-
zens, and invested with the rights and charged with the responsibilities
of citizenship.

It is therefore recommended that legislation be adopted in relation
to the Ponca Indians, authorizing the Secretary of the Interior to secure
to the individual members of the Ponca tribe, in severalty, sufficient
land for their support, inalienable for a term of years and until the re-
striction upon alienation may be removed by the President. Ample
time and opportunity should be given to the members of the tribe freely
to choose their allotments either on their old or their new reservation.

Full compensation should be made for the lauds to be relinquished,
for their losses by the Sioux depredations, and by reason of their re-
moval to the Indian Territory, the amount not to be less than the sums
named in the declaration of the chiefs, made December 27, 1880.

In short, nothing should be left undone to show to the Indians that
the Groverumeut of the United States regards their rights as equally
sacred with those of its citizens.

The time has come when the policy should be to place the Indians
as rapidly as practicable on the same footing with the other permanent
inhabitants of our country.

I do not undertake to ai^portion the blame for the injustice done to
the Poncas. Whether the Executive or Congress or the public is chiefly
in fault is not now a question of j)ractical importance. As the Chief
Executive at the time when the wrong was consummated, I am deeply
sensible that enough of the responsibility for that wrong justly attaches
to me to make it my particular duty and earnest desire to do all I can
to give to these injured people that measure of redress which is re-
quired alike by justice and by humanity.

EUTHERFOED B. HAYES.

Executive Mansion, February 1, 1881 .

IVIESS^aE

TRANSMITTING

TO THE SENATE AND HOUSE OF REPRESENTATIVES A REPORT OF
THE RESULTS IN THE NEW YORK CITY POST OFFICE AND
CUSTOM-HOUSE OF THE APPLICATION OF THE CIVIL-
SERVICE REFORM RULES.

FEBRUARY 28, 1881.

MESSAGE.

To THE Senate and House of Eepresentatives :

I transmit herewitli a copy of a letter addressed to the cliairman of
the civil service commissiou on the 3d of December last, requesting to
be furnished with a report upon the results in the post office and custom-
house in the city of New York of the application of the civil -service
rules requiring open competitive examinations for appointments and
promotions, together with the report of Hon. Dorman B. Eaton, the
chairman of the commission, in response.

The report presents a very gratifying statement of the results of the
application of the rules referred to, in the two largest and most impor-
tant local offices in the civil service of the Government. The subject is
one of great importance to the i^eople of the whole country.

I commend the suggestions and recommendations of the chairman of
the commission to the careful consideration of Congress.

E. B. HAYES.

Executive Mansion, February 28, 1881.

PROCLAMATION

CONVENING

THE SENATE OF THE UNITED STATES.

FEBRUARY 28, 1881.

PROCLAMATION.

BY THE PRESIDENT OF THE IHSflTED STATES OF AMERICA.
A PEOCLAMATION.

Whereas objects of interest to the United States reqnire that the
Senate should be convened at twelve o'clock on the fourth of March
next, to receive and act upon such communications as may be made to
it on the part of the Executive:

Now, therefore, I, Eutherford B. Hayes, President of the United
States, have considered it to be my duty to issue this my proclamation,
declaring that an extraordinary occasion requires the Senate of the
United States to convene for the transaction of business at the Capitol,
in the city of Washington, on the fourth day of March next, at twelve
o'clock at noon on that day, of which all who shall at that time be en-
titled to act as members of that body are hereby required to take notice.
Given under my hand and the seal of the United States, at Wash-
ington, the twenty-eighth day of February, in the year of our
[seal.] Lord one thousand eight hundred and eighty-one, and of the
Independence of the United States of America the one hundred
and fifth.

E. B. HAYES.
By the President :
Wm. M. Evarts,

Secretary of State.

MlESS^aE

RETURNING TO

THE HOUSE or EEPKESENTATIVES THE BILL ENTITLED "AN ACT TO
EAOILITATE THE KEFUNDING 01 THE NATIONAL DEBT."

MARCH 3, 1881.

MESSAGE.

To THE House of Representatives:

Having considered the bill entitled " An act to facilitate tlie refunding
of the National debt," I am constrained to return it to the House of
Eepreseutatives, in which it originated, with the following statement of
my objections to its passage.

The imperative necessity for prompt action, and the pressure of
public duties in this closing week of my term of office, compel me to re-
frain from any attempt to make a fiill and satisfactory presentation of
the objections to the bill.

The importance of the passage at the present session of Congress of
a suitable measure for the refunding of the National debt, which is about
to mature, is generally recognized. It has been urged upon the atten-
tion of Congress by the Secretary of the Treasury and in my last an-
nual message. • If successfully accomjdished, it will secure a large de-
crease in the annual interest payment of the Nation; and I earnestly
recommend, if the bill before me shall fail, that another measure for
this purpose be adopted before the present Congress adjourns.

While in my opinion it would be wise to authorize the Secretary of
the Treasury, in his discretion, to offer to the public bonds bearing 3^ per
cent, interest in aid of refunding, I should not deem it my duty to in-
terpose my constitutional objection to the passage of the present bill
if it did not contain, in its fifth section, provisions which in my judgment
seriously impair the value and tend to the destruction of the present
National banking system of the country. This system has now been in
operation almost twenty years. No safer or more beneficial banking
system was ever established. Its advantages as a business are free to
all who have the necessary capital. It furnishes a currency to the public
which for convesience and the security of the bill-holder has probably
never been equalled by that of any other banking system. Its notes are
secured by the deposit with the Government of the interest-bearing
bonds of the United States.

The section of the bill before me which relates to the National bank-
ing system, and to which objection is made, is not an essential part of
a refunding measure. It is as follows :

Sec. 5. From and after the 1st day of July, 1881, the 3 per cent, bonds

364 LETTERS AND MESSAGES.

authorized by the first section of this act shall be the only bonds re-
ceivable as security for national-bank circulation, or as securitiy for the
safe-keeping and prompt ijayment of the i)ublic money deposited with
such banks; but when any such bonds deposited for the purposes afore-
said shall be designated for purchase or redemption by the Secretary of
the Treasury, the banking association depositing the same shall have
the right to substitute other issues of the bonds of the United States
in lieu thereof: Provided, That no bond upon which interest has ceased
shall be accepted or shall be continued on deposit as security for cir-
culation or for the safe-keeping of the public money; and in case bonds
so deposited shall not be withdrawn, as pro\ided by law, within thirty
days after interest has ceased thereon, the banking association deposit-
ing the same shall be subject to the liabilities and proceedings on the
part of the Comptroller provided for in section 5234 of the Revised
Statutes of the United States: And provided further, That section 4 of
the act of June 20, 1874, entitled "An act fixing the amount of United
States notes providing for a redistribution of the national-bank currency,
and for other purposes," be and the same is hereby, repealed ; and sections
5159 and 51G0 of the Revised Statutes of the United States be, and the
same are hereby, re-enacted.

Under this section it is obvious that no additional banks will here-
after be organized, except possibly in a few cities or localities where
the prevailing rates of interest in ordinary business are extremely low.
No new banks can be organized, and no increase of the capital of ex-
isting banks can be obtained except by the purchase and deposit of
3 per cent, bonds. No other bonds of the United States can be used
for the purpose. The one thousand millions of other bonds recently
issued by the United States, and bearing a higher rate of interest than
3 per cent., and therefore a better security for the bill-holder, cannot,
after the 1st of July next, be received as security for bank circulation.
This is a radical change in the banking law. It takes from the banks
the right they have heretofore had under the law to purchase and de-
posit, as security for their circulation, any of the bonds issued by the
United States, and deprives the bill-holder of the best security which
the banks are able to give, by requiring them to deposit bonds having the
least value of any bonds issued by the Government.

The average rate of taxation of capital employed in banking is more
than double the rate of taxation upon capital employed in other legiti-
mate business. Under these circumstances, to amend the banking law
so as to deprive the banks of the privilege of securing their notes by
the most valuable bonds issued by the Government will, it is believed,
in a large part of the country, be a practical prohibition of the organi-
zation of new banks, and prevent the existing banks from enlarging
their capital. The National banking system, if continued at all, will be
a monopoly in the hands of those already engaged in it, who may pur-

LETTERS AND MESSAGES. 365

chase Government bonds bearing a more favorable rate of interest than
the 3 per cent, bonds prior to next July.

To prevent the further organization of banks is to put in jeopardy
the whole system by taking from it that feature which makes it as it
now is, a banking system free ujjon the same terms to all who wish to
engage in it. Even the existing banks will be in danger of being driven
from business by the additional disadvantages to which they will be
subjected by this bill. In short, I cannot but regard the fifth section
of the bill as a step in the direction of the destruction of the National
banking system.

Our country, after a long period of business depression, has just en-
tered upon a career of unexampled prosperity.

The withdrawal of the currency from circulation of the National banks
and the enforced winding up of the banks in consequence, would inev-
itably bring serious embarrassment and disaster to the business of the
country. Banks of issue are essential instruments of modern commerce.
If the present efficient and admirable system of banking is broken
down, it will inevitably be followed by a recurrence to other and infe-
rior methods of banking. Any measure looking to such a result will
be a disturbing element in our financial system. It will destroy confi-
dence and surely check the growing prosperity of the country.

Believing that a measure for refunding the National debt is not neces-
sarily connected with the National banking law, and that any refunding
act would defeat its own object if it imperilled the National banking
system or seriously impaired its usefulness; and convinced that section
5 of the bill before me would, if it should become a law, work great
harm, I herewith return the bill to the House of Eepresentatives for
that further consideration which is provided for in the Constitution.

EUTHERFORD B. HAYES.

Executive Mansion, March 3, 1881.

IISTDEX.

Date.

Letter of Acceptance J"ly 8, 1876

Inaugural Address March 5, 1877

Letter of Instruction to tlie Louisiana Commission April 2, 1877

Executive Order, Withdrawal of Troops April 20, 1877

Report of Louisiana Commission April 24, 1877

Proclamation convening Congress May 5, 1877

Letter on the Conduct to be observed by Officers of the General Gov-
ernment in relation to Elections May 26, 1877

Executive Order, Civil Service June 22, 1877

Proclamation, Railroad Riot in West Virginia Jnly 18, 1877

Proclamation, Railroad Riot in Maryland July 21, 1877

Proclamation, Railroad Riot in Pennsylvania July 23, 1877

Message, First Session, Forty-fifth Congress October 15, 1877

Proclamation, Thanksgiving Day October 29, 1877

Executive Order, Death of Senator Morton November 2, 1877

Message, Second Session, Forty-fifth Congress December 3, 1877

Message returning Silver Bill February 28, 1878

Message returning Bill authorizing a Special Term of U. S. Court to

be held in Mississippi March 6, 1878

Proclamation, Riot in New Mexico October 7, 1878

Proclamation, Thanksgiving Day October 30, 1878

Message, Third Session, Forty-fifth Congress December 2, 1878

Message, Postal and Commercial Intercourse with South America . . December 17, 1878

Message, New York Custom-House January 31, 1879

Letter to General Merritt, Collector of Customs, New York City . . . February 4, 1879

Message returning Chinese Bill March 1, 1879

Message, Draft of Chinese Bill March 1, 1879

Proclamation convening Congress March 4, 1879

Message, First Session, Forty-sixth Congress March 19, 1879

Proclamation, Invasion of Indian Territory April 26, 1879

Message returning Army Bill April 29, 1879

Message returning Military-Interference Bill May 12, 1879

Message returning Legislative, Executive, and Judicial Bill .. ' May 29, 1879

Message returning Judicial Bill June 23, 1879

Message returning Marshals' Bill June 30, 1879

^lessage. Appropriations for Pay of Marshals June 30, 1879

Address, Reunion, Twenty-third Ohio Veteran Volunteer Infantry,

Youngstown, Ohio September 17, 1879

Address, Michigan ^tate Fair, Detroit September 18, 1879

368 INDEX.

Date.

Proclamation, Thanksgiving Day November 3, 1879

Executive Order, Death of Senator Chandler November 1, 1879

Message, Second Session, Forty-sixth Congress December 1, 1879

Proclamation, Invasion Indian Territory February 12, 1880

Message, Inter-oceanic Canal March 8, 1880

Message, Declaration of Independence Desk April 22, 1880

Message returning Deficiency Bill May 4, 1880

Address, Ohio Soldiers' Reunion, Columbus August 11, 1880

Proclamation, Thanksgiving Day No%emV>er 1, 1 '80

Message, Third Session, Forty-sixth Congress December 6, 1880

Message, Ponca Indians February 1, 1881

Message, Civil Service Commission February 28, 1881

Proclamation convening the Senate of the United States February 28, 1881

returning Refunding Bill March 3, 1881